Editor’s note: This is part two of a two-part column. See part one: “Using Contractual Provisions to Reduce E-Discovery Risk.”
While including e-discovery provisions into a contract may be attractive to some corporate defendants, they will be ineffective unless a court will enforce them. Proponents of e-discovery contractual provisions contend that because the scope of e-discovery is not a constitutional mandate, like other parts of the civil litigation process, they can be waived by a party’s consent. Contract proponents contend that e-discovery provisions are no different from other contractual limitations on parties, such as arbitration provisions, choice of law and venue provisions, and jury waivers, all of which courts routinely uphold.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
