Pursuant to Executive Order 202.6, effective March 19, 2020, Governor Cuomo put New York State on "Pause" directing that all non-essential workers work from home. Similar orders have been, and continue to be, implemented throughout the country. In the wake of these directives, many businesses that previously operated 'in-person' have been forced to quickly adapt and find ways to carry out their business remotely. While available technology has made this shift possible, the implications for current and future litigations, and in particular, on the discovery process are unknown.
One of the most burdensome and expensive processes during any litigation is the discovery phase. This is especially the case when there are large amounts of Electronically Stored Information ("ESI") that are potentially relevant to litigation.
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