A Tactical Guide to Navigating the Evolving Discovery Landscape
BOULDER, COLORADO, February 12, 2025 – eDiscovery Assistant, the strategic command center for ediscovery, today announced the release of its 2024 Case Law Year in Review Report, a comprehensive analysis of over 5,000 ediscovery rulings shaping litigation strategy. This essential resource provides litigators with curated insights, key trends, and forward-looking guidance, helping them navigate the increasing complexities of electronic evidence with confidence.
“The challenges in discovery are only growing—more data, more complexity, and more risk. Our 2024 Case Law Report is designed to cut through the noise and provide litigators with the clarity they need to lead strategically,” said Kelly Twigger, CEO and Founder of eDiscovery Assistant. “This report is more than a summary of decisions—it’s a roadmap to help legal teams anticipate trends, mitigate risk, and make decisive, informed choices in their discovery practice.”
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.
A Must-Read for Litigation Professionals
This year’s report underscores the reality that ediscovery is no longer an ancillary concern—it’s a core pillar of litigation strategy. It serves as an indispensable resource for:
- Litigators & Trial Attorneys – Gain strategic insight into how courts are interpreting discovery obligations and learn how to leverage case law to shape winning arguments.
- Corporate Counsel – Understand how evolving rulings impact data governance, compliance obligations, and risk mitigation strategies.
- eDiscovery & Legal Technology Professionals – Stay ahead of emerging trends, new court interpretations, and the latest legal tech solutions driving efficiency.
“Every piece of case law tells a story, and understanding how to use these rulings strategically is the key to success in litigation,” said Twigger. “This report doesn’t just summarize cases—it helps legal teams think critically about how to apply these decisions to their own discovery strategy.”
Download the 2024 Case Law Report
The full 50-page report is available for download here.
Report sponsors include eDiscovery Today, Level Legal, ModeOne and PAR.
About eDiscovery Assistant
eDiscovery Assistant is the strategic command center for ediscovery, empowering litigation teams to navigate any matter with confidence. Designed by litigators, our platform centralizes essential legal tools in a structured system that mitigates risk, enhances strategic oversight, and ensures legal teams stay ahead of the evolving discovery landscape.
We don’t just provide information—we illuminate the path forward, equipping litigators with the clarity, foresight, and agility to lead decisively in today’s complex digital evidence landscape. For more information about eDiscovery Assistant, please visit our website at www.ediscoveryassistant.com.
