After the chaos and shutdowns of 2020 brought on by the pandemic, courts got their footing using virtual hearings to move matters forward in 2021. As a result, the case law numbers for eDiscovery decisions skyrocketed from just under 3000 decisions in 2020 to more than 5,000 decisions in 2021. The use of virtual hearings spurred other virtual practices including opening up hearings to the public, which was especially interesting in the discovery context. The rise in the number of decisions is likely attributable to two trends – an uptick in knowledge and willingness by counsel to bring motions and the increased speed at getting on the court’s docket to resolve them.
2021 eDiscovery Case Law Annual Report
With more than 5,000 decisions in eDiscovery last year, eDiscovery Assistant and eDiscovery Today selected cases that highlight growing and developing issues in the law that lawyers and legal professionals in the industry will want to be aware of how courts are ruling—including sanctions under multiple rules and sections of those rules, proportionality, privilege log and 30(b)(6) witnesses—as well as areas of growing technical importance including mobile devices, instant messaging, audio and video files, and the use and involvement of the courts on defining search terms to locate relevant documents.
Download the Free 2021 eDiscovery Case Law Annual Report to Learn
- The change in key eDiscovery issues coming up in court decisions across the country and the analysis you need to be prepared to make on your motion;
- How courts across the country are addressing the use of search terms, technology assisted review, and the use of ESI protocols to manage discovery;
- The increase in eDiscovery issues related to instant messaging, mobile devices, text messaging and wearables; and
- The trends we are seeing in eDiscovery case law.
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