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Technology Tips for Reducing EDD Review Costs

By William E. Mooz, Jr.

Litigation in the Internet Age involves document reviews of a magnitude not seen before. Leveraging advances in information technology, the world created more documents last year than in all the years combined since Gutenberg invented the printing press. This explosion of new data shows no signs of abating as individuals and companies continue to embrace new technologies such as instant messenger, voice over IP messaging, MP3 and digital video.

Both case law and recent changes to the Federal Rules of Civil Procedure make clear that electronic data is fair game in discovery and impose strict requirements around its preservation and production. Litigants that fail to preserve or produce enough data risk potentially draconian sanctions that can include findings of spoliation and adverse inferences. On the other hand, litigants that produce documents too freely can find themselves facing a waiver of privilege claim if a speck of privileged information slips through the review net.

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