All too often in today’s litigation environment, electronic discovery issues turn into expensive deathtraps that threaten to overwhelm the merits of the actual dispute between the parties. But prepared litigants can and should take measures to avoid the “gotcha” pitfalls attendant to e-discovery long before the terabytes have been put through the thresher.
One of the best strategies for avoiding obvious e-discovery hazards (other than winning an early Twombly motion) is to become fully informed about a client’s information technology structure at the outset of a case. By now, sophisticated litigants understand that taking this critical step helps clients comply with their production obligations and avoid spoliation claims. Of course, gaining the same familiarity with the other side’s systems is equally important, particularly since doing so early in a case, before discovery requests are served, can lead to a more productive and efficient exchange of information.
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