Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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.

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2017 ALM Media Properties, LLC. All Rights Reserved.