During the past decade, the discovery of electronically stored information (ESI) has come to the forefront of litigation. In particular, e-Discovery has created significant challenges in product liability actions where plaintiffs can seek tremendous volumes of ESI while having virtually no document production burdens of their own. Perhaps some plaintiffs are truly seeking that one kernel of critical information (the proverbial “smoking gun”) that can support their allegations. But as in cases with asymmetric discovery, it seems that broad demands for ESI are made for the purpose of driving up defense costs, thereby increasing settlement values.
Daniel Braude's practice centers around complex litigation involving product liability and commercial disputes, with a focus on related electronic discovery and document preservation issues. In addition to being a founding member of the firm’s e-Discovery practice, Dan is also involved with the firm’s Product Liability and Railroad Practice Groups.