Hot Topics in the Use of Electronic Information
Created on October 21, 2016
Electronically stored information (ESI) pervades litigation. At the same time, ESI has given rise to a number of unique challenges that should be understood by both retained and in-house counsel. How those challenges are addressed and resolved often impacts the cost of litigation as well as the ultimate outcome of litigation. This session looks at cooperation, proportionality, search, production and admissibility of ESI, examines recent case law and applicable rules, and suggests means to limit cost and present effective arguments.
- Appreciate what it means to cooperate with opposing counsel when ESI is in issue and why courts expect cooperation
- Understand what proportionality means when requests are made for the production
- Recognize the form or forms in which ESI might be produced, the pros and cons of each, and how to request a particular form or forms
- Appreciate the hurdles to admissibility of particular ESI as well as the foundation required for admissibility
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