• Litigation holds: Oral holds are very risky and bordering on reckless; the best practice is to issue a written preservation notice and suspend auto-deletion policies.
• Social media: The number of cases involving discussion of social media and attempting to adapt discovery to these venues are skyrocketing.
• Discovery about discovery: Courts are entertaining some motions to discover the other party's discovery efforts, but still won't step on attorney-client privilege.
• International law conflicts: U.S. courts and government investigators may not accept foreign blocking laws or privacy statutes that interfere with legitimate discovery efforts. This is a growing problem because each year about 10 or more countries introduce new privacy laws that could impact all phases of discovery.
Sue Reisinger writes for Corporate Counsel, a Daily Report affiliate.
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