Coming today to TechnoFeature: As children, we all used the not-so-persuasive argument, "Because." Since the 2006 Amendments to the Federal Rules of Civil Procedure, many litigators have successfully used two adult variations of this argument to escape demands for electronically stored information (ESI) — "It's too expensive" and "It's impossible." But the times are changing. In this TechnoFeature, eDiscovery expert and lawyer Josh Gilliland explains why judges increasingly find such arguments unpersuasive. If you want to obtain ESI from your adversary, Josh offers essential tips on how to overcome an "unduly burdensome" claim. On the flip-side, if you want to escape an ESI request, Josh explains what you need to show beyond the above two catchphrases.
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