Sanctions around eDiscovery don’t happen often, but that doesn’t mean they don’t occur. Proper handling, preservation, & production of ESI during the discovery process should be of top concern. Through assessing your process pro-actively and continuously you are able to reduce the chance of facing any of the aforementioned issues while also streamlining your eDiscovery.

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Rule 26(g) Signing of Discovery Requests, Responses, and Objections is the requirement of engagement in discovery in a defensible and responsible way. The rule was created to limit abuse in discovery through the use of sanctions. Discovery is an essential part of the legal process and as a result a party should be given the opportunity to properly prepare and develop their case. Rule 26(g) is brought in when there is a range of issues originating from the handling of ESI and proper collection of data most commonly when there is evidence of spoliation, failure to produce, lack of due diligence, and in this case self-collection.

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