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A Prediction of What’s to Come in 2009

December 17, 2008

Clearwell Announces Top 10 Trends in E-Discovery for 2009
Gabe’s Guide to the E-Discovery Universe, December 12, 2008

The suffering economy seems to be affecting every inch of our lives these days, including an increase in litigation and inquiries. With that said, e-discovery costs will also increase, thus making practitioners think twice about their current process and policies in an effort to save cash. In order to lessen the costs and headaches surrounding e-discovery, here are a few predictions Clearwell Systems sees happening in 2009.

1. Government Investigations Increase – Government scandals will be on the rise, thus leading to more investigations at both state and federal levels.
2. Corporations Take More Control Over E-Discovery – More companies will take ownership of e-discovery next year, thus developing strategized processes and reducing costs.
3. Industry Push For Collaboration – Judiciary leaders are expected to encourage the e-discovery industry to improve its collaboration efforts, thus reducing costs and conflicts.
4. Federal Rules of Evidence (FRE) 502 Helps Automated Reviews – The new year is expected to bring in the use of automated analytical tools to reduce the time and money associated with inadvertent disclosures.
5. “Showing Your Work” Becomes Mandatory – As new and improved e-discovery technologies become standardized, those who don’t properly detail their search methods will be held accountable more often than not next year.
6. Solving Colloquial E-Discovery Is Top of Mind – E-discovery will continue to adapt next year as voicemail, text messaging and Web 2.0 technologies continue to emerge and develop.
7. Global Economic Downturn Drives Global E-Discovery – As the economy continues to spiral, e-discovery will begin to escalate around the globe, creating the need for international compliance issues.
8. Information Stores Will be Mapped – In 2009, companies will be required to map their data universe for the sake of meet and confer meetings.
9. Integration Happens Across the EDRM Framework – Next year will bring a variety of new integrated solutions, making e-discovery compliance more manageable for practitioners.
10. Information Management Shows Positive ROI – In an effort to reduce e-discovery costs, companies will fight for data management and deletion protocols.

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