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15 September 2011 / Deborah Blaxell
Issue: 7481 / Categories: Features , E-disclosure , Profession
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Do the right thing

Deborah Blaxell highlights the importance of making the correct e-disclosure technology choices

Electronic disclosure plays a critical role in today’s legal environment. It is therefore important for those involved in e-disclosure exercises to be able to make informed choices regarding the various e-disclosure strategies, tools and techniques available to assist in sifting through the volumes of electronically stored information (ESI).

Practice Direction 31B

In the UK, Practice Direction 31B was introduced in October 2010 to provide a framework within which litigants can apply strategies to keep the costs of disclosure in litigation at a proportionate level, whilst ensuring that the relevant information is preserved at an early stage and disclosed as required. In recent years, there has also been a dramatic increase in the number of regulatory investigations commenced against companies in various jurisdictions, on occasion as a result of concerted action by numerous regulatory bodies.

Every case is different, involving differing sets and volumes of data, numbers of custodians, budgets, jurisdictions, and technical and legal considerations. Clients’ requirements vary from

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MOVERS & SHAKERS

Switalskis—five appointments

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Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
Material obtained through US discovery applications may have a much longer legal life than many litigants realise
English courts are developing a distinctly practical approach to sanctions disputes arising from Russia’s invasion of Ukraine
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