E-Discovery: Direct Access of Electronic Devices After In re Marion Shipman
Benham, Dustin B.
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Provides a quick overview of how an attorney can persuade a court to provide a client direct access to an opponent’s electronic devices during discovery. The article first give a brief overview of the current environment for electronic discovery and then examines the Shipman case. The author then provides some pointers on how an attorney can request direct access to electronic devices. Some points to consider include; scope of the direct access order, looking at the efforts and technical capacity of the responding party and their employees and agents, can you prove the likely existence of the documents, and finally is there evidence that the direct access protocol will succeed.