It’s safe to say that e-discovery case law has changed slightly in the past two decades. In the late ‘90s, notes Ken Withers, deputy executive director of The Sedona Conference, there might have been 10 cases in a year total with e-discovery issues. “Now, we have two cases a day. Roughly 400 cases are reported a year… that deal with some concept related to e-discovery or information governance.”
The result means a lot of change, but also a number of opportunities for attorneys, e-discovery practitioners, and the record keepers and information governance specialists they work with. At the 2019 MER Conference in Chicago, Withers and Ron Hedges, senior counsel at Dentons and former magistrate judge in U.S. District Court for the District of New Jersey, ran through some of the most important electronic records management cases of the past year and what should be taken from them. Below is a selection of the cases they highlighted:
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