The Real Reason I Quit Practice: Electronic Discovery
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OK, so I didn't quit practice just because of the new electronic discovery rules. I can say, however, that I'm mighty glad I don't have to deal with this.
Duane Morris, which acquired my firm after I left it, graciously includes me on their legal update mailing list. Today, they supply this helpful roadmap for navigating the new rules, an excerpt of which you can find below:
Electronic Discovery: Know What You Have Before Your Adversary Does -- Understanding “What, Where & How” in the New Technological Landscape
Federal Rule 26(f)(2) and (3), as well as many similar local federal court rules and state court rules, requires parties to begin the discovery process by identifying and resolving “any issues relating to the disclosure or discovery of electronically stored information, including the form or forms in which it should be produced.”
The incorporation of ESI into the text of the rule alters profoundly the “what, where and how” of discovery. In order to avoid pitfalls and maximize the benefit of an early conference (whether required by court rule or simply initiated as good practice), one should understand the new “what, where and how” of e-discovery.




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