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In my last column, I discussed the revolution that e-discovery has wrought. To briefly recap, e-discovery has turned discovery upside down. E-discovery has shifted the primary truth-gathering function in the litigation process to the location, search and understanding of electronically stored information (ESI). Some cases will still require significant conventional deposition discovery, and some cases will require trials, but the focus of the truth-finding function, especially in commercial cases, has now shifted to we would traditionally call “document discovery,” which today we call “e-discovery.”

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