Of the many burdens litigators must shoulder, among the most irksome may be disputes over what documents are confidential and what agreements and markings are necessary to keep them that way.
These confidentiality issues have become more pressing in the era of e-discovery, as ever-burgeoning masses of electronically stored information inundate the discovery process. Determining and demarcating the confidentiality of ESI may overwhelm harried counsel who must review their client’s data before producing it to an opponent.
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