2012 judicial opinions emphasized e-discovery process and best practices

Da Silva Moore, Global Aerospace and Chin v. Port Authority were among the cases that set standards for e-discovery and TAR

Year over year, e-discovery issues evolve at the speed of light, and 2012 was no exception, with significant judicial opinions impacting the electronically stored information (ESI) landscape. In the past year, Kroll Ontrack summarized and categorized 70 of the most significant state and federal judicial opinions related to the preservation, collection, review and production of ESI. E-discovery issues arising in these cases were apportioned as follows:

  • 32 percent of cases addressed sanctions for, spoliation, and production disputes and noncompliance with court orders
  • 29 percent of cases addressed procedural issues, such as search protocols, cooperation, production and privilege considerations
  • 16 percent of cases addressed discoverability and admissibility issues
  • 14 percent of cases discussed cost considerations such as shifting and taxation of costs
  • 9 percent of cases discussed TAR or predictive coding

The year in review: Case law analysis

Contributing Author

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Michele Lange

Michele C.S. Lange is the director of thought leadership and industry relations for Kroll Ontrack. In this role, she regularly writes and speaks on topics...

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