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There are a number of ways that counsel can meet the required degree of ediscovery oversight without neglecting other duties. Insist on more effective advocacy by outside counsel during the ediscovery process. Use such criteria as role, experience, level of sophistication and technical savvy to determine the degree of oversight required for particular employees. Enlist technical support; effective technologies can help expedite the ESI collection process. Be sure to document the process to better demonstrate its defensibility in court. The standard for discovery under the Federal Rules is reasonableness. You need not preserve or review every document; only information that is generally relevant to the parties’ claims and defenses is subject to discovery.

 

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The information in any resource collected in this virtual library should not be construed as legal advice or legal opinion on specific facts and should not be considered representative of the views of its authors, its sponsors, and/or ACC. These resources are not intended as a definitive statement on the subject addressed. Rather, they are intended to serve as a tool providing practical advice and references for the busy in-house practitioner and other readers.
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