Will an e- discovery request will cause an “undue burden”?

Author: 
Donald L. Buresh Ph.D., J. D.

The purpose of this essay is to describe the legal and technological issues surrounding e-discovery. The paper briefly examines United States ex rel. McBride v. Halliburton, 272 F.R.D. 235 (D.D.C. 2011), where the case outlines five criteria that can be used in deciding whether an e-discovery effort should be conducted. The document then discusses the implications of the five balancing criteria in some depth, including the Electronic Discovery Reference Method. The paper concludes by suggesting that by adhering to a proven methodology, it is more than likely that e-discovery can become a manageable project, rather than unmanageable wild animal.

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DOI: 
http://dx.doi.org/10.24327/ijcar.2020.22227.4380
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