Forensic Update

Reflections on information management within the legal and regulatory arena

More data on Litigation Hold failures

Posted by Johnny Lee on May 2, 2010

The 2009 year-end study by law firm Gibson, Dunn & Crutcher LLP provides a very useful update on eDiscovery trends.  As with prior posts on ForensicUpdate, this study reveals that courts are both providing guidance and punishing those who fail to heed it.  The study also finds that judicial scrutiny on eDiscovery increases year over year, with 2009 bringing twice as many judicial opinions on eDiscovery issues than 2008.

Of these 2009 cases, a significant percentage of these cases had sanctions levied, driving home a point raised before in this blog: companies need to revisit and realign their information management policies and procedures to ensure that the do not run afoul of the unfolding standards in this dynamic area of the law.

Click here to read the full Gibson, Dunn & Crutcher LLP study.

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