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This is the second column in a series addressing the challenges of early case assessment in the era of e-discovery. View the first column here. In the first column, I described how the high stakes of e-discovery have transformed early case assessment into a data management exercise, with the logistics of preservation, collection and review taking precedence over trial counsel’s traditional role in developing and implementing a successful litigation strategy. In this column, we consider how in-house counsel can ensure that the nuts and bolts of e-discovery do not distract your company’s outside counsel from the most critical task in early case assessment—finding the path to a successful litigation outcome for your company.

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