Preservation, cost-shifting, social media discovery and e-discovery in criminal cases—these are just a few of the hot-button e-discovery issues faced by legal practitioners in 2011. But the top story from 2011 is the evolution of e-discovery. Gone are the days where parties could simply argue that email and its metadata were not patently discoverable. It is no longer acceptable to waste countless hours arguing over the tiff or native production format. Today, we are seeing legal teams and judges tackle more multi-faceted legal technology issues than ever before.
According to a recent Kroll Ontrack analysis of approximately 100 reported judicial opinions addressing e-discovery in 2011, it is easy to see the complexities judges, lawyers and litigation support professionals face on a daily basis.
Finding a reasonable likelihood that additional relevant information existed on the non-public portions, the court ordered the plaintiff to provide all passwords and user names to the defendant, and preserve all existing information.
More parties sought taxation of costs