Will Texas Stay Moderate When It Comes To E-Discovery?

Law360, New York (April 8, 2016, 4:41 PM EDT) -- With the onslaught of nonstop news concerning the forthcoming presidential election, and the extreme positions the various camps frequently take, moderation and reasonableness, especially in Texas, seems to be on the wane. And yet, when it comes to electronic discovery, Texas courts appear to espouse the very sensible proposition that discovery and the costs associated with it should, in fact, be reasonable. Given the roller coaster of federal law concerning electronic discovery — and litigation attorneys apparent continued fear and trembling at the mention of ESI (electronically stored information) — it is almost surprising that Texas courts have taken a calm and measured approach to discovery of ESI....

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