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Study analyzes e-discovery trends in 2012

The rise of technology-assisted review and a focus on sanctions can be traced to this year’s judicial decisions

Kroll Ontrack, the technology services division of risk consulting company Kroll Inc., released an analysis earlier this month of all the reported e-discovery decisions in 2012. It picked out trends from the opinions to determine what the major e-discovery issues were this year.

“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 landscape,” Michele Lange, Kroll Ontrack’s director of e-discovery thought leadership and industry relations, said in a press release.

Here are some of the key findings from the analysis:

32%: Cases addressing sanctions on various issues, including spoliation and preservation. This is a decrease of 10 percent from 2011.

29%: Cases addressing procedural issues like production, privilege and search protocol. These types of cases nearly doubled this year, compared with 2011.

9%: Cases that discussed technology-assisted review (TAR) or predictive coding. Before the highly-publicized Da Silva Moore v. Publicis Groupe case in February 2012, which approved of the use of TAR, it had never been discussed in a reported opinion. After Da Silva, many other courts took up the issue.


For more e-discovery news on InsideCounsel, see below:

19 percent of execs say their legal and IT teams don’t collaborate well

Apple, Samsung narrowly escape adverse inference instruction

The benefits of an in-house discovery team

Facts & Figures: Companies may struggle with e-discovery when regulators come calling

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