Understand the eDiscovery Issues
from 2021 that Can Impact Your Matters

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 5000 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.

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  • 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.
2021 eDiscovery Case Law Report / eDiscovery Assistant & eDiscovery Today

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