Federal judges want you to be more involved in e-discovery, says survey

Hey, in-house lawyers: Federal judge wants to be more involved in e-discovery. According to the 6th Annual Federal Judges Survey, done by Exterro, Georgetown Law CLE, and EDRM, in-house legal teams have been shirking their duties when it comes to meet-and-confer negotiations and must pay greater attention to new data types, specifically the preservation risks associated with ephemeral apps.

“This report provides valuable information for all attorneys who are experts or novices in cases involving ESI (electronically stored information),” said Chief Magistrate Judge  Elizabeth Preston Deavers of the Southern District of Ohio.

For this survey, the Exterro and company focused was on 20 judges with extensive e-discovery expertise. In doing so, they uncovered new observations from the bench, including:

  • New data privacy laws will increase e-discovery expenses by creating more litigation and making production more costly
  • FRCP 16(f) needs more attention, as a majority of judges say that is the most neglected e-discovery rule
  • Intentional e-discovery misconduct is growing, as a majority of judges (50%) took corrective action five or more times over the prior year—up from 26% in last year’s survey.

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