2018 E-Discovery Year in Review

Winston & Strawn’s eDiscovery & Information Governance Practice’s 2018 E-Discovery Year in Review summarizes important case law developments addressing preservation and sanctions, e-discovery practice, attorney-client privilege, privacy, and more. 

2018 was a busy year, featuring the implementation of the General Data Protection Regulation (GDPR), a number of important cases addressing the scope of discovery and the availability of sanctions under Rule 37(e), as well as the passage of the CLOUD Act, and state-specific privacy laws. We anticipate that in 2019 we will see a continued emphasis on the use of predictive coding, what amount of disclosure of a party’s search methodology is required under the Federal Rules, as well as the application of the Rule 37(e) framework to reduce the overall number of times sanctions will be awarded.