In keeping with tradition, here are my (Mary Mack’s) top 10 predictions for the e-discovery market in 2010:

1. There will be increased adoption of early case assessment. Early case assessment will include early evidence assessment focused on risk, budget and other factors.
2. The majority of service providers will embrace the ACC Value Challenge from the unit price perspective and cause issues on the service side (otherwise known as the race to the bottom).
3. Certification will start to be a prerequisite for an entry-level job in e-discovery services.
4. Data reduction validation affidavits will move toward the mainstream.
5. Cloud computing will be embraced without concern for jurisdiction and nexus issues, leading to surprises in taxation, intellectual property, privacy, privilege or evidence.
6. Sanctions will be applied to requestors of ESI who go overboard.
7. A leading judge will write an influential opinion on proportionality in e-discovery.
8. Four things will emerge from the Duke conference opening up the Federal Rules of Civil Procedure again: 1) Old fights will be reopened on protective orders, privilege, preservation, proportionality, safe harbor and cost shifting; 2) Other rules will be in play around motions to dismiss, summary judgment and time to trial; 3) Congressional action in these areas will accelerate, with at least one Congressional rule change; and 4) An effort will begin to change the legal culture to take advantage of existing rules.
9. Decisions around 26(a) mandatory disclosures will pop up with increased emphasis on early exchange of information.
10. Client cost constraints in both law firms and corporations will result in a greater deployment of SaaS platforms for managing e-discovery.