Are in-house and outside counsel in corporate cases getting better at e-discovery?
In a recent article in Corporate Counsel, Sue Reisinger finds good news for corporate attorneys in Kroll Ontrack's yearly analysis of e-discovery opinions, particularly in its numbers on sanctions: they’re down this year, from last. Kroll's numbers are drawn from a selection of 70 state and federal e-discovery cases between January and December 2012, which are summarized, categorized and added to a database of e-discovery case law on Kroll's website.
The numbers on sanctions do look promising, with 32 percent of cases analyzed addressing sanctions for preservation and spoliation issues, noncompliance with court orders, and disputes over production — a 10 percent drop from last year's survey.
As the case breakdown continues in a release
• 29 percent of cases address procedural issues, such as search protocols, cooperation, production and privilege;
• 16 percent address discoverability and admissibility;
• 14 percent of cases discuss cost-shifting or taxing e-discovery costs; and
• 9 percent discuss predictive coding.