Top 2012 E-Discovery Trends Predictions – Part 1

With the New Year just around the corner, legal analysts begin to focus on e-discovery trends.  As e-discovery sanctions continue to be a concern and Congress considers addressing the rising costs of e-discovery, trends are emerging that should offer a greater understanding of electronic discovery issues and assist companies in being more proactive about electronically stored information (ESI). Let us know in the comments below if this e-discovery company is correct in these predictions and what are your predictions!

Next week we will round out our 9 predictions talking about 5 through 9!

e-discovery-trendsCloud Computing

One of the biggest e-discovery trends over the past year has been the proliferation of cloud computing.  Although cloud computing is basically just another method for companies to  generate and store data, use of the cloud can dramatically increase the number of locations where data is stored.  For the coming year, insiders expect to see growth in the number of cloud vendors who address e-discovery obligations in initial contracts, and a continuance of limiting the cloud provider’s role when it comes to e-discovery.

Social Media

While cloud computing has an impact on where data is stored, social media is another e-discovery trend that is becoming increasingly important.  Accessing social media sites on company equipment may cause any information relayed on those sites to be discoverable in the event of litigation.  For this reason, there will likely be a trend in the upcoming year of more employers prohibiting access to social media sites from company equipment.

Increase in Amount of Data

The amount of electronic data for both business and personal use has grown exponentially over the past few years, and appears unlikely to slow anytime soon.  This increase has lead to more electronic data being subject to the discovery process.  For this reason, one e-discovery trend is for businesses to continue to develop solid retention and archival practices in order to be better preparedfor litigation and investigations.

Complex Data Collection

As the volume of electronic data grows, and more storage locations become available for ESI, the difficulty in collecting the information increases.  Therefore, one e-discovery trend for the upcoming year is better control and standards for the many areas where e-data can be stored.  Social media, smartphones and tablet computers are all creating multiple storage areas where electronic data relevant to litigation can hide.

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