Electronic Discovery Trends for 2012 – Part 2

As we have now entered the new year and the 2012 work year is in full effect, it’s always a good time to look at the e-discovery trends forthcoming. Last week we covered the top 4 and this week we finish the top 9 trends with 5 through 9. At Advanced Discovery, an e-discovery company, we are always on the look out for what is coming next in order to better serve our clients.

New Technology

Businesses are looking at technology as another e-discovery trend.  Predictive coding, computer-aided review, and automated data classification are just a few of the technology advances that firms are now using to aid in e-discovery and this trend is expected to continue into the next year.

people-and-technologyPeople and Technology

As budgets tightened during the recent economic crisis, some firms began to ignore the human aspect of e-discovery.  But many found that computer programs only increased the manual processes necessary to collect, review and produce electronic documents.  New technology is combining human expertise and judgment with the intelligent application of computers in an effort to reduce the manual processes necessary in e-discovery.  This is a new e-discovery trend that is expected to gain popularity in the upcoming year.

Development of Best Practices

Another e-discovery trend that is expected to increase in the upcoming year is the development of practices that result in a more proactive approach to electronic discovery.  Firms will identify stakeholders, plan status meetings and create more standardization earlier in the process in an effort to address the e-discovery requirements of litigation.

More Focus on Rules

Courts are taking a more aggressive stance when it comes to e-discovery.  This is requiring litigants to focus on the Federal Rules of Civil Procedure early in litigation.  In fact, one e-discovery trend that was previously unheard of in litigation was inviting regulators and legislative authorities to attend initial meetings between parties, but that is no longer the case.  In an effort to better meet e-discovery requirements, litigants are looking closely at further clarification and understanding of electronic discovery rules and regulations.

e-discovery-congressional-hearingOutcome of Congressional Hearing

It remains to be seen what the outcome will be from the recent Congressional hearings on e-discovery policy.  Whether Congress will issue amendments to the Federal Rules of Civil Procedure that lead to a new e-discovery trend is still a question, but any amendments to regulations will certainly affect e-discovery in the future.

The main theme of e-discovery trends for the upcoming year is that more companies will take a more proactive view of e-discovery issues and policies.  To stay up-to-date on e-discovery trends, or if you have a question about an upcoming case, please call Advanced Discovery at (866)560-5898 or visit the Contact Us section of our website.

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