Early Sampling Of Electronic Info Is Underutilized In Discovery

Law360 (September 16, 2019, 5:43 PM EDT) -- With the proliferation of electronically stored information kept in varied unstructured (think emails, chats, Microsoft Word documents) and structured (think databases) sources, parties in complex litigation spend significant time and effort negotiating the scope of what will ultimately be produced in discovery. If parties have the proper foresight, they will stipulate to an ESI protocol that includes a search methodology section outlining some structure and deadlines to usher along their discussions.

This process could be further expedited through more frequent use of representative sampling of all ESI sources, both accessible and nonaccessible, in such protocols. As discussed below, the early and...

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