2013 Ediscovery Case Law: Year in Review
From January through November of this year, Kroll Ontrack analyzed prominent edis...
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2013 Ediscovery Case Law: Year in Review

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From January through November of 2013 Kroll Ontrack analyzed prominent ediscovery opinions ranging in topic from ediscovery sanctions to ESI production. Find out the trends throughout the year with this infobite.

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2013 Ediscovery Case Law: Year in Review

  1. 1. 2013 Ediscovery Case Law: Year in Review From January through November of this year, Kroll Ontrack analyzed prominent ediscovery opinions ranging in topic from ediscovery sanctions to ESI production. Through this analysis, these are the striking ediscovery opinions and themes of 2013. This year, case law focused heavily on reasonable search methods and procedural proportionality. For more ediscovery case summaries, visit http://www.ediscovery.com/pulse/ SanctionsProductionProcedural IssuesPreservation/SpoilationCosts Spoliation & Preservation • Gatto v. United Airlines – if relevant, social media must be preserved • Preservation trigger varies by circuit Procedural Issues • In Re Biomet – reasonable processes more important than technologies used • Search methodologies now analyzed with greater scrutiny Costs • Gabriel Techs. Corp. v. Qualcomm – predictive coding fees may be awarded to prevailing party Sanctions • Sekisui v. Hart – “Willful Deletion” enough for sanctions • Opinions diverge on the requisite culpability and prejudice Production • Apple, Inc. v. Samsung – proportionality is crucial • “Ultra-broad” requests are burdensome, thus disallowed 13% 18% 18% 28%23%
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