Extract from Melissa Ryan Clark’s article “Establishing a Plaintiff-Friendly E-Discovery Framework in Asymmetrical Litigation”
With discovery’s shift to electronically stored information (ESI) has come a torrent of ever-changing best practices. Many of the common guideposts for managing eDiscovery aim to facilitate a transparent and collaborative process—but are tailored to the needs of large corporate parties with enormous amounts of data.
The methods and provisions that work well for a corporation may saddle a smaller party with unnecessary, unrealistic, and disproportionate burdens. Asymmetrical litigation, in particular, requires a close look at how to conduct discovery in a way that gathers necessary evidence while setting an effective foundation for parties on different footing.