Adam Kuhn of Recommind has written an eDiscovery review of 2015 by reference largely to Recommind’s own posts during the year. I do not know if he ranked them by order of perceived importance, but I agree with putting the end of Safe Harbour above the new Federal Rules of Civil Procedure. This is not because Schrems makes any difference to the way in which data should be collected in the EU, but because it may make a difference as to how companies, lawyers and courts view their obligations and actually perform them.
The new rules clearly deserve their place, as does the new California ethics opinion on eDiscovery competence. Technology-Assisted Review in the courts and the increase in corporate legal activity and control in eDiscovery are rightly identified as important.
As you may have gathered from some of my recent posts, I think that new evidence formats are of more significance than people think, even those who do actually think about it at all. Chat, the cloud, the Internet of Things and social media, each the subject of one or more Recommind posts this year, will become of increasing significance. This is not just because of the formal obligation to consider them as candidates for discovery, but because they will increasingly become the source of evidence which turns cases or undermines credibility.
eDisclosure Information Project 