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Posted on: October 25, 2013

in White Papers

Contracting Away Discovery Obligations: Is it Possible? Is it Advisable?

This whitepaper will take a closer look at the pros and cons of using contractual agreements to limit certain aspects of eDiscovery.

The most direct way to achieve predictability and, as a by-product, manage costs, would be to limit discovery, and specifically, eDiscovery.  But is this allowed by court rules, opinions, or other oversight sources?

For example, can parties set limits on the number of custodians or servers that can be collected, specify acceptable retention and preservation procedures, or bar imposition of sanctions in situations of accidental misconduct?

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