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The costs associated with the discovery of electronically stored information continue to increase at unknown rates. While much of the discussion regarding costs centers on those associated with accessing, reviewing, and producing ESI, an oft-overlooked but (in many cases) significant driver of the high price of discovery are the costs associated with preserving it.

Such costs can start to accrue even before a complaint is filed; and, depending on the types of systems and data involved, the costs of preservation can mount quite quickly. This is particularly true for types of ESI that are not normally subject to long-term retention and that are not easy to preserve in a manner that will withstand attack from a knowledgeable adversary.

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