Discovery disputes come in all shapes and sizes. The discovery of electronically stored information (“ESI”), in particular, creates fertile ground for disputes. Recently, a growing number of these disputes have involved attempts to conduct discovery of a party’s preservation or collection efforts (or “discovery on discovery,” also sometimes referred to as meta-discovery). This type of “discovery on discovery” has become more significant and prevalent as technology has evolved, law has developed, and parties have focused increasingly on potential data loss.

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