Keep E-Discovery Costs From Torpedoing Litigation Budgets

http://ow.ly/6rKwy

Article by Rick Anigian and Charlie Jones appearing on law.com, on the LTN webpage.

This article discusses requests for production of Electronically Stored Information (ESI), and how to deal with them, while also addressing budget concerns.

This article discusses Texas State law, and uses the procedural rules of Texas to illustrate ways to help plan for an eDiscovery production.

The article provides several tips, and discusses some detail around the suggested tips.  Suggested issues to keep in mind are as follows:

Rely on the procedural rules;
Understand the information systems;
Look to federal case law until Texas law is clarified; and
Know different strategies for making and opposing an objection.

As the article points out, "As more businesses, government agencies, and individuals choose to store data electronically, requests for that data will continue to increase in frequency and price. The prospect of an order shifting the recovery costs to the requesting party may be enough to cause the party to withdraw or modify the complained-of requests..."