Gibson Dunn Releases Mid-Year 2010 E-Discovery Law Update

Gibson Dunn 2010 Mid-Year E-Discovery Law Update

Gibson Dunn & Crutcher has released their 2010 Mid-Year Electronic Discovery and Information Law Update, which surveys 103 cases from the first half of this year and analyzes the emerging e-discovery trends. 

• Highlights from the report include:
• Like last year, sanctions and cooperation were dominant themes in the first half of 2010. 
• Motions to compel and privilege disputes also continued at a steady pace. 
• Fewer decisions regarding preservation, form of production, and accessibility of data.
• Courts have concentrated on more nuanced factual scenarios and discovery disputes arising farther along in the discovery process, such as iterative search terms, application of protective orders and application of Federal Rule of Evidence 502. 
• A substantial increase in decisions analyzing the interplay between the Fourth Amendment and electronic discovery, as well as cases analyzing individuals’ reasonable expectations of privacy in various electronic data. 
• Courts have begun to engage in the burgeoning arena of e-discovery in the social media context, as the number of cases recognizing evidence from social networking has exploded.

For more detailed analysis of the 2010 mid-year trends, see the full report on Gibson Dunn’s website.

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