‘Tis the Season to Look Back: Ediscovery in 2012

Tuesday, December 11, 2012 by Thought Leadership Team


It’s that time again: The election is over, coma-inducing amounts of tryptophan were consumed, and families everywhere are breaking out hideous festive sweaters to show their holiday spirit .That can only mean one thing: 2012 is nearing its end—and it’s time to look back on the year that was ediscovery!

Major Ediscovery Case Law Trends Emerge

From January 1 to November 30, 2012, 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. Major cases in 2012 discussed:

  • Sanctions (32%) for spoliation, production disputes and noncompliance with court orders
  • Procedural Issues (29%) such as search protocols, cooperation, production and privilege
  • Discoverability and Admissibility (16%) of specific types of information, such as corporate email stores and social media data
  • Cost considerations (14%) such as shifting and taxation of costs
  • Technology-Assisted Review (TAR) (9%), predictive technologies and other advanced search technologies

Several notable trends emerged from 2012 that will leave a lasting impression on the ediscovery landscape. However, all good things come to those who wait, so tune in tomorrow for part two of our three part series, where we’ll analyze these trends.

Read part two of our "year in review" report now.