Lange noted that in 2012, one-third of e-discovery-related cases addressed sanctions, which was down from half in the past few years. She also highlighted that courts are increasingly interested in best practices, discovery protocols, and key procedural issues.
Lange advised that while five cases focused on the use of “smart technologies,” such as predictive coding, last year, there could be even more activity in the next 12 months. 2013 will be about courts seeking to fine tune best practices and detailed procedures for technology-assisted review, she said adding that the discoverability of social media will continue to be a significant issue.
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