Every now and again as I read through blog, magazine, and vendor articles I come across an e-discovery news source that offers unique, easy to comprehend, and useful content. Since mid May, I really haven't found a better e-discovery educational source than the E-Discovery Basics series, published by the national law firm, Gibson Dunn. For the past three months Gibson Dunn has showcased its expertise and superb writing skill in this informative set of articles on how e-discovery impacts both the legal and IT world.
Gibson Dunn's latest publication, 2011 Mid-Year E-Discovery Update, offers a detailed overview of the trends, cases and events that are shaping the e-discovery world. I'd encourage everyone to check out the full report here. In addition to that I have compiled a list of some of the key highlights from the report and included links to prior blog postings with more information:
- Increased Relevance: E-Discovery decisions in federal court have increased over 40% so far in 2011 compared to the same time period last year
- More Sanctions: An increased awareness of e-discovery rules has led to a significant increase in parties seeking sanctions (on pace for a 40% increase over 2010) - read our past coverage of big sanction cases here and here
- Cooperation: Opposing parties must try and cooperate through pre-trial activities (e.g. Meet and Confer) before seeking court intervention to solve the issue - Click here and here for past posts on the importance of cooperation in e-discovery.
- Social Media: There is an increased importance of data stored on social media sites and how this data fits within e-discovery rules. It is still unclear what burden courts will use to authenticate data from social media sites and what standard of protection for privacy rights is afforded. Click here and here to read past posts that address social media issues.
- Cross Border E-Discovery: In most cases, US courts will defer to US discovery rules, when a US party opposes a non-US party. We covered this topic in a recent post, which you can read by clicking here.
Mike Hamilton, J.D. is the E-Discovery Market Analyst at Exterro, Inc. Hamilton works in a product management and marketing role to ensure Exterro's Fusion e-discovery applications closely reflect the needs of legal teams. Within the complex e-discovery world, Hamilton's knowledge, legal acumen and experience give him a valuable perspective on bridging the gap between IT and legal teams.