Update about the Very Droll Kroll
December 28, 2010
Business Wire has released “Year in Review: Kroll Ontrack 2010 Discovery Trend Data Reveals Organizations Struggle with Preservation, Production and General Discovery Protocols.” Kroll is a unit of Altegrity and leading provider of data recovery, legal technology products and services, and information management. As Kroll analyzed itself, they have found five discovery themes prevalent in the past year.
“Among the dominant topics reoccurring in the 2010 judicial opinions were the pervasive struggle companies and practitioners continue to have with proper preservation techniques, the continued growth in intolerance by the judiciary for discovery failures and the renewed call for cooperation amongst counsel.”
Kroll also summarized their e-discovery opinions and found 84 cases that represent trends found across the country. Nearly every case about preservation and spoliation contained information about sanctions. As in the prior two years, sanctions are a dominant pain point for courts and counsel. Kroll states that businesses need to be aware about discovery protocols and information management can be used as a proactive tool to create clear policies to prevent future legal action.
Stephen E Arnold, December 28, 2010
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