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E-discovery Had a Big 2014

As reported by Corporate Counsel magazine,  it’s clear that 2014 was a big year for e-discovery, with at least 50 important decisions in state and federal courts, according to Kroll Ontrack. Within these opinions, five categories emerged most often:

1. Disputes over production
2. Opinions focused on preservation and spoliation
3. Cost considerations
4. Procedural issues
5. Sanctions

Here’s a closer look at some of the top trends in electronically stored information from the year that was:

Predictive Coding in the Spotlight: In 2014, courts issued more predictive coding opinions than in any other year, according to Kroll. In particular, they focused on the processes behind predictive coding, such as the completeness of production when it?s used, multiple searching methods and the reasonableness of them. In one case, Federal Housing Finance Agency v. HSBC North America Holdings Inc., the court said predictive coding had a “better track record in the production of responsive documents than the human review.”

Don?t Run on Autopilot: In cases where sanctions were imposed, it was generally the result of a hands-off approach to e-discovery management, according to Kroll. This lack of oversight caused data loss and obstructive conduct.

Cooperation Is Key: Kroll says the top two production cases this year reinforced the importance of cooperation when it comes to e-discovery. Judges reiterated the need for production agreements between the parties and proportionality.

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