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It is no surprise that courts and litigants have struggled with managing discovery of electronically stored information (ESI) for many years. After the amendments to the Federal Rules of Civil Procedure in 2006 to include specific references to ESI, many courts began to address e- discovery issues through local and individual judge’s rules. These early efforts reflected the lack of collective experience—they tended to be minimalistic and primarily encouraged the litigants to come to an agreement.

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