ESI: Don't get Duped
Joe Howie; Howie Consulting
To “dupe” someone means to trick or take advantage of them. In discovery, “re-duping” can mean imposing an unnecessary burden on a party requesting electronic discovery. The good news for parties requesting ESI is that they can use the Meet & Confer process to avoid being “re-duped.”
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Counterpoint: Breaking the Chain of Custody
Discovery disputes involving ESI are commonplace in both State and Federal litigation. The defense says you have everything—how can you be sure?
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