Recent rulings switch burden of paying e-discovery costs
Electronically stored information that is not reasonably accessible need only be identified, not produced. The court may require production but has the discretion to impose conditions, such as shifting costs of production in favor of the prevailing party.
Discovery involving electronic devices can be a game changer
Mark Romance, a shareholder with Richman Greer in Miami, says using a forensic computer expert from the beginning of litigation can help identify a game changer early on, leading to an earlier, and more favorable, resolution.
Legacy data should be handled carefully, put to rest when no longer required
Saving everything is not an insurance policy — any comfort derived is illusory. In fact, keeping everything to avoid being subject to sanctions actually increases risks.