From Jan. 1, 2011 to Oct. 31, 2011, Kroll Ontrack summarized 92 cases – some of the most significant state and federal judicial opinions on the topics of preservation and production of electronically stored information (ESI).
Preservation challenges topped the list of discovery concerns for the second year in a row, as law firms, corporations, members of the judiciary and the Federal Advisory Committee on Civil Rules grapple with these complex legal and technology issues.
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 courts did not settle on a unanimous viewpoint regarding these cutting-edge e-discovery concerns, but these are topics the Advisory Committee on Civil Rules are considering as they evaluate the need for amendments to the Federal Rules of Civil Procedure.
By Guest Blogger: Kroll Ontrack, Inc
