Ediscovery Trends

Trends in Ediscovery and Litigation Support

  • There were many changes to the ediscovery landscape in 2012 – I think many judges are getting sick and tired of counsel being unable to coorperate on ediscovery matters.  The changes made to the Federal Rules of Civil Procedure were made in 2006, and seven years later attorneys still are unable to figure it out.

    Which beings me to my first prediction for the ediscovery landscape: more sanctions!  That actually stands in contrast to what many vendors are predicting – Kroll expects less sanctions in 2013, as firms will be able to get a better grasp on the vast amounts of data.  But Big Data is not the only issue at work here – there are plenty of clever (and somewhat defensible) ways that attorneys can reduce the scope of their discovery by pointing to a product without knowing exactly what it does.

    My second prediction is of course the rise of technology-assisted review (TAR).  This term means many things to many people, but I consider it to include advanced analytics, data sampling, and predictive coding.  The predictive coding aspect is probably going to be the most challenging technology to put into place, as the system needs to be “trained” with hot and responsive documents in order to work, but it can greatly reduce the high cost of linear document review.

    My final “prediction” – and I’m loathe to call it that – is that law firms and document review systems will continue to be breached by attackers looking to gain an edge into a particular company or piece of litigation.  Increased security will need to be deployed for ediscovery review software, and at least one major law firm will be forced to report a breach this year.

    And with that, my ediscovery predictions for 2013 are complete – I have more predictions, but would prefer to work them into some future blog posts instead.

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  • Interesting article on a new iPhone app called BarMax, which poses a challenge to the established BarBri.  Both are prep courses for passing the bar exam.  BarMax’s new iPhone app costs $1000, the maximum allowed by the iTunes Music Store.  BarBri had previously charged several thousand dollars for their services (but did not have an iPhone app), so this $1000 BarMax app is actually driving prices down!  BarMax also has several positive reviews already.  Legal test prep is big business!  Found via.

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