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Monitoring trends in the electronic discovery world has become increasingly complex since there are often multiple cases appearing each week, versus the relatively glacial pace of even a few years ago. To further compound issues, many of these cases also happen to be highly fact specific, so it’s often hard to glean any clear cut best practices. However, over the past year there has been a discernable trend in which judges have increasingly expressed skepticism over the self collection of data in the e-discovery process. In many of these cases, the reviewing judge or magistrate has looked at this traditional process with a jaundiced eye, in some cases using the self collection component as part of the rationale for imposing significant sanctions.

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