Is there any way to mitigate the financial burdens imposed by e-discovery?
The new rules allow a party to object to an e-discovery request because obtaining the information would be unduly burdensome or cost-prohibitive. However, if you object to an e-discovery request, be prepared to produce your chief technology officer and IT consultants for their depositions. And if their deposition testimony fails to prove that the burden or expense is sufficiently ‘undue,’ then be prepared to produce the information. At the same time, a court has the power to limit discovery if there is a way to obtain the electronic information that is more convenient, less burdensome or less expensive. The new rules encourage parties and the court to discuss these issues before a trial begins. What do the new rules say about privileged documents in the e-discovery context? If a party produces a document that is protected under the attorney-client privilege or the attorney-work product doctrine, then the protection is typically waived and the document becomes fair game. But if a privil
