Dealing with requests for the production of electronically stored information (''ESI'') is no longer an ''emerging'' issue in the world of commercial litigation; it is a fully emerged reality that attorneys must effectively handle if they want to avoid the significant logistical and financial burdens that can result from mismanagement of a client's ESI. The question then becomes, from a practical perspective, what should an attorney do when confronted with requests for the production of ESI? Obviously, while every attorney will deal with such requests in his or her unique way, here are some proactive steps that attorneys can take to reduce the risk associated with mismanagement of ESI.
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