Nathan Cemenska: How Legal Departments Can Ensure Their Decisions Are ‘Defensible’

Extract from Nathan Cemenska’s article “How Legal Departments Can Ensure Their Decisions Are ‘Defensible’”

E-discovery is a big part of litigation—due to both the sheer document volume as well as the difficulty of ensuring only the right documents get produced. Yet under court rules, litigants must be able to demonstrate to the judge that their methodology for storing, categorizing, retrieving, producing, and destroying documents is “defensible.” They must be able to prove that it is sound and trustworthy.

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