Judicial tolerance for shortcomings in e-discovery is on the decline, and litigants and their counsel are facing direct liability for such failures. Sensibly managing e-discovery is critical not only to success in the underlying litigation but to minimizing the possibility that e-discovery failures will become a source of liability themselves, say attorneys Kirby Behre and Mark Koehn. Drawing upon two recent e-discovery disputes, they review ways to minimize the potential for e-discovery liability.
Minimizing the Risk That E-Discovery Failures Will Create Corporate Liability
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