Trusting clients to self-collect ESI can be hazardous

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted February 26, 2021 11:43 AM

This is the second of a two-part column. The first part appeared Wednesday. The second of two articles on U.S. District Judge Iain D. Johnston’s extensive and enlightening opinion on discovery of electronically stored information, DR Distributors v. 21 Century Smoking, No. 12 CV 50324 (Jan. 19, 2021), turns to his lessons for lawyers about the hazards of trusting clients to self-collect ESI and the importance of documenting every step you take to identify, preserve, collect and produce this evidence.DR Distributors …

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