Under the Federal Rules of Civil Procedure (and in an increasing number of state courts), litigants must meet early in a dispute – generally within the first 60-90 days of a case—to discuss the scope of discovery and to hopefully reach agreement on how best to proceed with the discovery of potentially relevant electronically stored information (“ESI”). Results of this meet and confer session are formalized in a court order following a Scheduling Conference. What happens, though, when fundamental assumptions used to reach agreement at that early stage in the case turn out to be incorrect? Continue reading
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