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The eDiscovery Trends of 2019

eDiscovery Trends

Much like the law itself, the technology behind eDiscovery is constantly evolving. In less than two decades, we’ve seen enormous industry changes – from the Zubulake rulings on Electronically Stored Information to the development of specialized eDiscovery programs. Today, we’re going to examine some of the latest challenges and trends of eDiscovery and we’ll address ways that legal professionals can overcome them.

The death of “discovery about discovery”

Case law governing eDiscovery constantly changes the face of the industry. Recently, courts have begun to take a more conservative approach to proportionality of scope. In short, this means that some eDiscovery is more difficult as certain practices are phased out of use. Aside from that general guidance, courts now increasingly require opposing parties to determine the scope of the discovery process in cooperation.

New accommodations for global & state regulations

In addition to changing court practices, legal professionals must now contend with new international and state regulations. After the EU passed the General Data Protection Regulation (GDPR), it seems that many states were inspired to follow their lead. Notably, California has already passed the California Consumer Protection Act (CCPA) to offer additional guidance on data privacy.

Navigating these regulations significantly complicates eDiscovery. Large organizations can now frequently find themselves liable for negligent privacy violations, simply due to their failure to identify new requirements in a timely manner. For many, this has lead to a more conservative approach to data retention.

Technology makes eDiscovery more accessible

Requests for eDiscovery are at an all-time high! Unfortunately, in-house legal teams often bear the brunt of these demands. The sheer volume of data involved in the average class-action lawsuit has skyrocketed, and meanwhile, the pressure to control eDiscovery costs continues to grow. One solution comes in the form of legal support service providers, like First Legal. These companies help in-house counsel handle eDiscovery requests more efficiently and at a lower cost than many outside law firms. Other legal departments might choose to invest in new technology or software to meet efficiency demands.

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