When is ESI production an undue burden?
Abstract: Electronically stored information (ESI) has moved to the forefront of discovery. Yet some attorneys still struggle with ESI production, including the rules for opposing a request. This article looks at a recent federal district court case illustrating just how high the hurdle can be to prove undue burden. When the defendant company didn’t assert any specific objection to the plaintiff’s request for production of documents, but produced the requested ESI in PDF format, it learned that that wasn’t sufficient.