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E-discovery works both ways. A party not only has the right to obtain electronic information from its adversary, but it also has an obligation to produce similar information. Of course, to produce information, you must have it in your possession or control. And, as Martin O’Hara discussed in his recent article, control can extend to third parties in certain circumstances. Information that has been destroyed or discarded obviously cannot be produced. This is especially true for e-discovery. If such information has been destroyed or deleted, it can be difficult, if not impossible, to recover and produce. And that can be a problem. In fact, not having information can often cause a bigger problem than producing it.

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