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"Cooperate, Please!"

With the growth of disruptive and needlessly expensive disputes about electronic data discovery, courts and commentators are focused on the importance of cooperation between opposing counsel. The opening paragraph of The Sedona Conference Cooperation Proclamation summarizes the issue:

"The costs associated with adversarial conduct in pre-trial discovery have become a serious burden to the American judicial system. This burden rises significantly in discovery of electronically stored information. In addition to rising costs, courts have seen escalating motion practice, overreaching, obstruction, and extensive, but unproductive discovery disputes — in some cases precluding adjudication on the merits altogether – when parties treat the discovery process in an adversarial manner. Neither law nor logic compels these outcomes."

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