E-Discovery Sword May Not Be Sharp Enough

Law360, New York (June 12, 2013, 12:49 PM EDT) -- Today, almost all litigation involves the discovery of at least some electronically-stored information (ESI). In product liability cases, potentially discoverable ESI may include communications and documentation regarding design issues, safety features or warnings (sought from a manufacturer); and social media posts, text messages or emails (sought from a claimant).

Unfortunately, litigants in the recent past have too frequently attempted to use electronic discovery as a sword, overburdening their adversaries with unreasonable requests that require costly searches through large amounts of data for evidence that, in all...
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