Kramer Levin E-Discovery Update: 2015 — A Year In Review

As 2015 draws to a close, the following is a brief overview of some recent developments in electronic discovery jurisprudence and the rules governing discovery generally, which will impact litigation in 2016. These include: federal courts are now guided by the principle of proportionality for defining the scope of discovery, a unified spoliation sanctions rule, and greater support in the jurisprudence and the federal rules for technology-assisted review to streamline and affect cost savings in electronically stored information ("ESI") review and production. Furthermore, with the introduction of the "Internet of Things" and the proliferation of social media, the types of evidence relevant to a dispute continue to expand. With all these developments to date (and likely more to come), attorneys should keep up with their e-discovery core competencies.