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Litigation has changed this century, and perhaps most significantly, e-discovery has become the primary litigation expense. Conversely, and notwithstanding recent heroic and effective efforts at reform, our discovery rules continue to be perceived by many as part of the scenery out of a “Mad Men” episode, from a now-distant era that has disappeared along with slide rules, Ford Edsels and three-martini lunches. Our discovery rules were first written in 1938, and the original imperative to obtain all relevant documents continues to dominate many litigators’ outlooks on discovery. We need some new “unofficial” rules to banish this ancient perspective.

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