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IT Witnesses ' An Essential Part Of The e-Discovery Battle

By Mark A. Waite
January 03, 2006

As the responsibilities for preservation and production of electronic records become clearer, parties and counsel should take a proactive approach to preparing for battles that may develop. As in warfare, the proactive approach is one in which the counsel should wield at least as much command offensively as defensively.

This preparation involves more than just knowing the law. It also involves potential agreements with opposing counsel, early steps to meet preservation and production obligations, and making sure that the party's “story” of its e-discovery efforts can be told effectively.

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