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E-Discovery Burden, the Judges' Guide, and an Alternative to AFAs

For years judges have relied heavily on the counsel appearing before them to learn how electronically stored information (ESI) had to be processed for review and production. Of course, at times the lawyers for the producing parties had more interest in arguing how burdensome and oppressive the production requests were than in enlightening the court about cost-effectiveness; at other times counsel may have had only limited experience with new technology.

The eDiscovery Institute, a 501(c)(3) nonprofit research organization, has just released a publication for judges that provides a detailed, vendor-neutral look at technologies and processes that can greatly reduce the cost of handling ESI, the "Judges' Guide to Cost-Effective E-Discovery," by Anne Kershaw and myself, with a foreword by the Hon. James C. Francis IV, Magistrate Judge for the Southern District of New York.

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