Electronic Discovery & Records Management: 2012 Tips Of The Month – A Compilation

Keywords: trends, e-discovery, court rules, cloud computing

INTRODUCTION

2012 Trends in E-Discovery

The year 2012, while lacking the blockbuster e-discovery cases of some recent years, still demonstrated the ongoing growth of e-discovery's role in state and federal litigation. Moreover, e-discovery's footprint continues to expand beyond active discovery practice in litigation to encompass a fundamental aspect of information governance, an issue of growing importance in many organizations. Early investment in policies, procedures technology and personnel regarding information governance, which allow for routine or project-based defensible deletion, continues to pay dividends when put in place before litigation is threatened or commenced. Indeed, the key trends of 2012 illustrate e-discovery's impact on business both before and after the start of a lawsuit. Key issues included the ongoing clarification of e-discovery rules by state and federal courts, the