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AccessData's Summation 6.0

By Terry Mazura
April 01, 2016

It's understood that the “discovery wars” have long been far more than litigation maneuvering by both sides in a case. The discovery process is sometimes used by litigants to overwhelm adversaries, drive up the time and expense required to see a lawsuit through to trial, and thereby extract concessions or settlement. Even without intention, the volume and complexity of electronically stored information pertinent to litigation results in cost burdens that affect substantive decisions in a case.

There are a couple developments underway in the legal profession that have the potential to push back on these discovery wars. First, the recent changes to the Federal Rules of Civil Procedure (FRCP) governing e-discovery ' such as proportionality requirements ' are designed to reduce the scope of e-discovery that courts were previously inclined to allow. And second, emerging technology solutions are leveling the playing field a bit, enabling law firms of all sizes to better manage e-discovery in a way that is more efficient and affordable than ever before.

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