Discovery
More Discovery Articles
Corporate Counsel
E-Discovery Cost-Shifting
Electronic discovery costs continue to rise. Litigants are forever seeking ways to reduce e-discovery costs across all phases of the process. An attractive option for big companies with voluminous electronically stored information (ESI) is to attempt to shift e-discovery costs to the opponent....
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E-Discovery: Avoid Over-Preservation And Reduce Risk Of An "Unforced Error"
Editor: How does the enforcement environment play into preservation obligations? Sklar:The preservation obligation is a fact-based determination, but it's very difficult to predict how a court will come out in any situation. The simple definition is that the obligation to preserve...
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E-Discovery: Avoiding The High Costs Of Over-Preservation
Fear of spoliation sanctions results in the harboring of countless electronic files. Lawyers and clients will often opt for the cautious approach of preserving everything, or almost everything, to avoid the risk of discovery sanctions or a spoliation determination. The consequence, however, is...
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