The recent changes to the Federal Rules of Civil Procedure require litigants to have early discussions to address issues relating to the disclosure and production of electronically stored information (ESI). In the last several articles I have used preparing for the “meet and confer” as a model for understanding and addressing your case’s e-discovery issues.

Parties at the meet and confer must address four issues: 1) mandatory disclosure of all ESI under Rule 26(a)(1)(B); 2) what will not be produced, or produced only if the requesting party bears some or all of the cost of production, because the ESI is not “reasonably accessible because of undue burden or cost” under Rule 26(b)(2)(B); 3) the form of production under Rule 34(b); and, 4) “claw back” agreements under Rule 26(b)(5) to provide for the return of privileged documents inadvertently disclosed.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]