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Federal E-Discovery: Courts Reject Speculative Requests For ‘Discovery on Discovery’
February 1, 2022
Litigation partners Chris Boehning and Dan Toal’s latest Federal E-Discovery column, “Courts Reject Speculative Requests For ‘Discovery on Discovery,’” appeared in the New York Law Journal. The authors discuss recent decisions that have established standards to determine when requests for “discovery on discovery” in civil litigation are appropriate. The decisions show that courts will generally authorize such requests only when a party makes a sufficient showing of a deficiency or failure in discovery processes. This approach ensures that, absent unusual circumstances, discovery remains focused on the merits of the case. E-discovery counsel Ross Gotler and e-discovery attorney Lidia Kekis assisted in the preparation of this article.