In previous articles we have discussed how case law and the recent changes to the Federal Rules of Civil Procedure require parties to preserve potentially discoverable electronically stored information (“ESI”), meet and confer early in the litigation to address issues relating to the disclosure of ESI and produce such discovery.
We have also explored how lawyers can become sufficiently knowledgeable about ESI to meet the challenges of the rules changes and discuss issues of e-discovery intelligently. Since preparing for the meet and confer allows you to evaluate how well you understand your client’s IT system and the e-discovery issues it presents, we have used it as our model.
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