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Legal Commentary

: The Common Scold

Soothsayer Season

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Fortuneteller With the anticipated aroma of pumpkin and turkey already distracting everyone, and annoying Christmas advertising in full tilt on television, vendors are beginning the annual ritual of predicting the future.

One of the first out of the gate is Mountain View, Calif.-based Clearwell Systems, who offer five predictions about the state of e-discovery in year 2011:

? Data Collection: Manual, forensic "imaging" will continue to take a backseat to automated techniques. ? Proportionality: We'll continue to search for ways to prevent EDD costs "from exceeding legal exposure and attorneys fees."

? Collision of cloud, social media, and EDD: "2011 will undoubtedly be the first year that meaningful legal decisions crop up" addressing these issues.

? Consolidation of vendors will continue and will "impact market forces and the balance of power."

? Global EDD will mature, with jurisdictions looking to the U.S. and Federal Rules of Civil Procedure for guidance.

O.K., pretty obvious and bland, with nothing that would engender a heated argument after a couple drinks at this week's Georgetown Advanced Discovery Institute, even if Craig Ball, Patrick Oot, or Ralph Losey were picking up the tab.

Who else has predictions? What will surprise us? Shock us? Depress us? Inspire us?

Comment below or e-mail me.  We may very well revisit this!

Full post as published by The Common Scold on November 16, 2010 (boomark / email).

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