In litigation, the issue du jour is the discovery of electronically stored information (“ESI”).  There are a whole host of issues, such as the particular form in which the ESI should be produced (pdf? native format?), whether data claimed to have been deleted can be restored, and whether the producing party has control of the production or whether the requesting party can send in its own technological team to copy the data. These are just a few of the ESI related issues that are generating much discussion – between parties and their counsel, among the Judiciary, and among the bar.

Continue Reading Discovery Versus Sequestration – Dealing with Complex Electronically Stored Information (ESI) in Research Misconduct Cases