eDiscovery Assistant Releases 2024 Case Law Year in Review Report
Author: eDiscovery Assistant
Key Themes and Trends in the 2024 Report:
• The Evolution of eDiscovery Case Law – The legal system is adapting to the rapid changes in technology, with courts increasingly focused on hyperlinked files, collaboration platforms, and mobile device discovery.
• Heightened Sanctions for Discovery Failures – Courts are cracking down on non-compliance, imposing stricter penalties for preservation missteps, auto-deletion of text messages, and failure to collect ephemeral messaging.
• Generative AI as a Discovery Battlefield – Decisions from 2024 mark the first judicial rulings on Generative AI in eDiscovery, addressing issues such as discoverability of AI-generated content and the risks of AI hallucinations in legal proceedings.
• Hyperlinked Files & Modern Attachments – The battle over whether hyperlinked documents should be treated as traditional attachments continues, with courts offering diverging rulings on production obligations.
• Mobile Device Discovery as a High-Stakes Issue – Key cases reaffirm that text messages, WhatsApp data, and other mobile communications are critical evidence that must be preserved—with some courts issuing severe sanctions, including denial of summary judgment for spoliation.
• The Growing Intersection of Legal Holds and Sanctions – Courts are chipping away at the presumption of privilege for litigation hold notices, exposing gaps in legal teams’ preservation practices.
Have you been buried managing matters and had little time to keep up with the avalanche of new eDiscovery caselaw? The wicked smart team at eDiscovery Assistant have assembled a 50-page report covering the key trends above. I forwarded many of these cases to my clients when they have potential impact to outdated policies or changing court expectations. One on-point sanction decision can convince counsel to re-examine termination protocols or IT directors to recognize the risks of emerging collaborative ESI. The right case can highlight the risks of ubiquitous WhatsApp and external messaging usage without the appropriate controls and eDiscovery tools. So, check out the free report and adding an eDiscovery Assistant subscription to your education budget.