We asked a group of litigators: What do you think will be the big issues for e-discovery in 2013?

“What is still up in the air is whether and to what extent cooperation with opposing counsel will be required in the use of computer-assisted review. Disclosure of the seed set, analytics or even raw data results? Will litigants be required to share the results, including data marked ‘non-responsive ‘ during the iterative process, with opposing counsel? Stay tuned — the predictive -coding case law is about to get very interesting.” — Jonathan Sablone, Nixon Peabody

“As more businesses use social media for their own promotion and marketing, the content on these social -media sites will become relevant to litigation. As businesses grow their online presence, often by hiring third parties to manage their social -media accounts, many companies do not even know what is being posted on their own social -media channels..…[O]versight of the content being shared online will be critical.” — Steve Silverman, Kluger, Kaplan, Silverman, Katzen & Levine

“More states are beginning to adopt their own set of civil rules of procedure as it pertains to e-discovery, falling more in line with the rules set forth in the federal code.…Many states operated essentially as the wild, wild West in regulating e-discovery requests.” — Scott Wagner, Bilzin Sumberg Baena Price & Axelrod

“The focus on structured data will increase the need for individuals who are skilled in managing data from these sources, from upload to export, and knowledgeable in the e-discovery rules and requirements. Specialists need to understand how the data are stored, queried and produced to respond to discovery requests and reply to adversaries or other parties’ inquiries as necessary.” — Stephanie Giammarco, BDO Consulting

“Parties are focused on the economics of e-discovery. Simply licensing a software platform allows easy entry into the market, but be careful what you’re getting, because it’s not a one-size-fits-all solution. There’s still significant value in defensibility. As the rate pressure gets increasingly higher and costs come down, corners are getting cut. The risk is that you can’t process the data in a defensible way.”— John Curran, Stroz Friedberg

“Many questions about predictive coding remain: Will the technology fulfill its promise of more efficient, cost-effective review of large volumes of documents? Will it alter how litigation matters are staffed? Or is it merely the latest review technology that, while useful, ultimately does not achieve widespread adoption?”— Jennifer Rearden, Gibson, Dunn & Crutcher

“Technology-assisted review and the protocols for use of [these] tools will continue to dominate in 2013, with a greater focus on how much transparency and involvement of an opponent is required. Proportionality will also continue as a major issue in 2013, with an increased focus on the ability of an advocate to achieve reductions in cost and burden far beyond what can be achieved by technology.” — Gilbert Keteltas, Baker & Hostetler

“As more companies use [social media] for marketing and encourage their employees to use it, it will be crucial for them to have retention policies and litigation -hold policies in place, as judges are no longer going to be lenient if such data are not preserved — as has been demonstrated in recent case law.” — Ignatius Grande, Hughes Hubbard & Reed

“Of creeping significance is the use of mobile devices, which host applications linked to non local databases of user information. The discoverability of data generated with, but not stored by the application on, local devices, and the implications of bring-your-own-device policies at many organizations will draw increasing scrutiny and concern.” — David Stanton, Pillsbury Winthrop Shaw Pittman