http://ow.ly/8c0Er
An article by David Canfield posted on the InsideCounsel.com website.
The article discusses eDiscovery trends and the fact that Legal departments are tackling more multifaceted technology issues than ever before.
The article provides some interesting statistics, and states the following:
"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.
Specifically, of the cases analyzed, the following statistics emerged:
42 percent of cases addressed sanctions (with the majority of these sanctions being issued for preservation and spoliation issues)
14 percent of cases addressed various procedural issues (such as searching protocol and cooperation)
13 percent of cases addressed various production considerations
12 percent of cases addressed privilege considerations and waivers
11 percent of cases addressed cost considerations
3 percent of cases addressed preservation and spoliation issues (but not sanctions)
2 percent of cases addressed discoverability and admissibility issues
1 percent of cases addressed computer forensics protocols and experts
Notably, issues surrounding cost-shifting and the taxation of e-discovery costs, discovery of data from social media websites and e-discovery in criminal cases emerged in 2011 as new themes in judicial opinions."
The article further discusses some of the topics referenced above, including taxation of eDiscovery, and provides some precedent case law examples as well.
Social media is one of the e-discovery trend that is becoming quite popular now a days. Accessing social media sites on organization products may cause any information relayed on those websites to be discoverable in the occurrence of lawsuits.
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