Editor’s note: This is part one of a two-part column. See part two: “Are E-Discovery Contractual Provisions Enforceable?“
E-discovery is one of the most controversial tasks in civil litigation today. As the amount of electronically stored information has skyrocketed, smart plaintiffs are seeking to require corporate defendants to preserve, search and produce every bit of data that is reasonably calculated to lead to the discovery of admissible evidence. And if corporate defendants fail to do so, plaintiffs stand ready to prosecute sanction motions that can reach hundreds of thousands of dollars.
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