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ELECTRONICALLY STORED INFORMATION REVISITED

Six years ago, I wrote about how facility with electronic discovery allows small litigation firms to have David v. Goliath results against large firms.  https://www.spillaneplc.com/advances-in-e-discovery-allow-smaller-firms-to-successfully-litigate-cases-once-only-handled-by-their-larger-counterparts/  In 2021, if you or your team have not mastered discovery of electronically stored information (“ESI”), you are not in the game.

Here are some tips for bringing your electronic discovery skills up to date.

  1. Consult with your technologist on production demands.  Parties may specify the way they want ESI produced.  Cal. Civ. Proc. Code § 2031.030(a)(2); FRCP Rule 34(b)(1)(C).  Share your draft production requests with your technologist, or better yet, have a stock paragraph in your form file. 
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