Ediscovery Case Law Trends 2008-2013Since 2000, Kroll Ontrack has tracked salient ediscovery case law. Each year, Kroll Ontrack separates the cases by category and analyzes the impact of each area of ediscovery law. This year, Kroll Ontrack presents a look back at the trends in ediscovery law over the last six years. Since 2008, ediscovery law has shifted from a focus on production and sanctions to one of procedural and spoliation issues.

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Sanctions

Production

Procedural Issues

Preservation & Spoilation

Cost201320122011201020092008

Production dominates due to Big Data and ESI volume

Disputes over sanctions remain consistent as ediscovery expands

Costs concerns stay steady

Preservation issues rise as technology

diversifies and proliferates

TAR expands procedural debates

Social media brings new questions of discoverability