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As businesses continue to invest in technology, the amount and variety of information they maintain in electronic form grows in exponential quantities. As such, many companies now find themselves recipients of third-party subpoenas seeking electronically stored information (ESI) in addition to traditional paper discovery. The costs of responding to such requests can be substantial. Nonetheless, the Federal Rules of Civil Procedure (as well as most state procedural rules) permit the discovery of ESI from nonparties to litigation. Accordingly, in-house counsel should take a proactive approach when responding to a subpoena and be mindful of their rights to seek relief from overbroad requests and/or to shift some or all of those costs to the party seeking such information. 

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