Survey: Nearly 90% of Legal and Tech Pros Say Operational Gaps, Not Regulation, Threaten Defensibility

Research finds AI adoption accelerating, while governance and execution lag behind

PORTLAND, Ore., Feb. 26, 2026 (GLOBE NEWSWIRE) -- Exterro, a leading provider of enterprise legal technology for eDiscovery, data privacy, digital forensics, and information governance, today released new research highlighting a growing disconnect between discovery complexity and organizational readiness.

Across two surveys of over 400 legal, IT, data governance, and security professionals working directly in discovery, data risk, and related legal functions, the Exterro survey data shows that the greatest risks to defensible eDiscovery are no longer rooted in regulation, but in operational breakdowns inside the enterprise itself.

“Modern discovery is no longer a legal function operating in isolation; it’s a cross-functional capability that requires the right platforms and the right people alignment working together,” said Rasheedah Bilal, Sr. Technical Enterprise Program Manager, Legal & HR at Bill.com. “The technology matters, but so does ensuring legal voices are centered in how those platforms are deployed and how workflows are designed. When you get both right, defensibility follows.”

Poor Operations Threaten Legal Defensibility
In live polling conducted during Exterro eDiscovery Day, nearly 90% of respondents identified internal challenges – such as budget constraints, limited expertise, and lack of centralized governance – as the biggest barrier to defensible, cost-efficient discovery. Only 10% pointed to regulatory uncertainty.

"Defensibility today isn’t lost in court, it’s threatened by operational breakdowns. “With AI becoming standard in discovery workflows, legal teams need governance and readiness frameworks that keep pace,” said Nancy Patton, Esq., CEDS Senior Director, Solution Consulting at Exterro. “We believe being smarter matters, and it starts with unifying people, process, and data so organizations can respond faster, reduce risk, and stay defensible.”

AI Is Already Standard Practice in Discovery Workflows
The research confirms that AI is rapidly becoming embedded in legal operations:

• 47% of teams are already using AI in eDiscovery
• Nearly 80% are using or preparing to adopt AI
  

As AI shifts from experimentation to operational reality, governance and defensibility frameworks must evolve just as quickly.

“We’re seeing firsthand how rapidly AI is becoming embedded in discovery workflows,” said Ryan O'Leary, Research Director at IDC. “The opportunity is significant, but so is the responsibility. Legal teams need governance and defensibility frameworks that keep pace with innovation.”

2026 Will Be Defined by AI + Governance Together
When asked what will influence eDiscovery strategy in 2026, most respondents selected:

• AI and automation
• Data governance and retention
  

Together, these accounted for nearly 60% of responses, signaling that organizations increasingly view governance as the necessary foundation for automation.

“AI may be transforming discovery, but governance will determine whether it’s sustainable,” said Anthony Diaz, CISO at Exterro. “Retention, control, and accountability are what make automation defensible. That’s why being smarter matters; AI-driven discovery must be built on disciplined governance from the start.”

Legal and IT Alignment Is Now a Defensibility Requirement
In Exterro’s research, overwhelming 97% agreed that Legal and IT communication directly impacts the speed, accuracy, and defensibility of eDiscovery, and no respondent disagreed.

About Exterro
Exterro empowers organizations to manage data risks with a complete platform for e-discovery, data privacy, cybersecurity and governance, and digital forensics. Unlike any other software provider, Exterro makes it easy for organizations to understand their data and take swift action. Exterro's AI-driven solutions provide accurate, actionable insights, enabling businesses to ensure compliance, reduce risks, and streamline operations while lowering costs. With Exterro, organizations gain the clarity and confidence needed to address their most critical data challenges. For more information, visit www.exterro.com

Media Contact:
Hazel Ramirez
hazel@plat4orm.com