Year in Review: Kroll Ontrack 2010 Discovery Trend Data Reveals Organizations Struggle with Preservation, Production and General Discovery Protocols

Kroll Ontrack, the leading provider of information management, data recovery, and legal technology products and services, today announced its analysis of the reported electronic discovery opinions and five notable discovery themes in 2010. Among the dominant topics reoccurring in the 2010 judicial opinions were the pervasive struggle companies and practitioners continue to have with proper preservation techniques, the continued growth in intolerance by the judiciary for discovery failures and the renewed call for cooperation amongst counsel.

From Jan. 1, 2010 to Oct. 31, 2010, Kroll Ontrack summarized 84 of the most significant e-discovery cases. The number of discovery-related opinions continues to increase exponentially. These 84 opinions represent the trends demonstrated in jurisdictions across the nation. The breakdown of the major issues involved in these cases is as follows:

• 39 percent of cases addressed sanctions
◦ 49 percent of sanctions involved preservation and spoliation issues
◦ 27 percent of sanctions involved production disputes
◦ 24 percent of sanctions involved withholding discovery and other abuses
• 18 percent of cases addressed various production considerations
• 17 percent of cases addressed various procedural issues (such as searching protocol and cooperation)
• 11 percent of cases addressed privilege considerations and waivers

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Source: businesswire.com