Booming Blockchain Usage Could Become E-Discovery’s Kryptonite

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Blockchain-based assets such as cryptocurrencies and non-fungible tokens (NFTs) are cropping up with broad usage among individuals and organizations. But when those digital assets finally land in a courtroom, they could bring a host of difficulties to e-discovery practitioners. 

E-discovery software, for instance, can’t easily render blockchain transactions, said Patrick Burke, former New York State Department of Financial Services deputy superintendent and current partner and chair of Phillips Nizer’s data technology and cybersecurity group. “The challenge of doing e-discovery on blockchain transactions is that, while there are tools to track cryptocurrency and other blockchain activities, they often don’t translate well to evidence you can view on an e-discovery platform,” he noted.