E-Discovery Times Are a Changin’…Or Are They?

http://ow.ly/7AIMN

An article by Devin Krugly From the website eDiscovery Insight.

This article provides some commentary in response to the findings set forth by the Fulbright annual litigation trends report.

The article states, "...The Federal Rules Advisory Committee (“Advisory Committee”) met just last week in Washington, D.C., primarily to discuss a sanctions-based approach to enforce certain preservation practices within e-discovery. Depending on how such a rule is crafted it could force parties with e-discovery obligations to take preservation even more seriously than many do today. It’s hard to imagine a more extreme approach than “collect everything and sort it out later”, but some may expand current practices to avoid sanctions resulting from negligence or bad faith. In my opinion it is hard to see stricter penalties resulting in more cooperation – and they would more likely portend additional time, effort and ultimately expense associated with e-discovery."

In addition, the article references that 18% of respondents mention having to collect social media from an employee's personal account.  The article mentions, "It seems to me that this 18% is probably just the tip of a looming iceberg and even if companies get wiser about limiting social media access at work, the need to collect from this medium is just going to increase. Better start swimming or you’ll sink like a stone, so to speak."