eDiscovery cases experienced rapid rise in recent years

Contributed by Roumiana Deltcheva (Wednesday, December 22, 2010) | Category : eDiscovery

eDiscovery cases experienced a drastic increase over the past six years, according to a new study recently published in the Duke Law Journal.

Analyzed cases were ruled on prior to January 1 of this year. Of the 401 cases examined, 354 occurred since 2004. In 2009, there were more eDiscovery cases than any other year studied. This can be attributed to the severe data growth companies have grappled with in recent years.

The report also revealed that sanctions are on the rise as well, with 230 analyzed cases resulting in sanctions.

“Our analysis indicates that although the annual number of eDiscovery sanction cases is generally increasing, there has been a significant increase in both motions and awards since 2004. Motions for sanctions have been filed in all types of cases and all types of courts,” according to the Journal.

eDiscovery and data retention technology improvements have caused judges to come down hard in recent years on companies and organizations that fail to produce electronically stored information. Experts agree the best way to avoid facing fines and sanctions is to implement email archiving solutions and data retention policies.