How to Avoid Tiffs Over TIFFs
Authors: Cynthia K. Courtney
Publisher: Connecticut Law Tribune
2/1/2010

In the February 1 issue of the Connecticut Law Tribune, e-discovery counsel Cynthia Courtney explains how delivering data in the wrong format can lead to unpleasant consequences.

Cynthia advises:

  • Ask for what you want, specifically, and up front
  • Expect to produce documents that originated in an electronic form electronically
  • Achieve specific agreement about the form of production
  • Object as soon as you have a reason to
  • Be prepared to substantiate the reasons for a chosen form of production

Litigants will struggle less with the form of ESI production if they follow the federal rules, Cynthia writes. Common sense also plays an important role, she adds. If a document originated as an electronic file, a party should expect to produce that document electronically.

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