Mayer Brown's Anthony J. Diana, Sarah J. Sterken and Norman R. Cerullo write that on its face, the requester-pays presumption in New York state courts appears to favor the responding party by instilling a cost deterrent against overbroad and abusive discovery requests. That deterrent may have been effective as it was applied to traditional, paper discovery. However, the presumption extended to ESI is much more complicated.
'Requester-Pays' Presumption Holds Hidden Costs and Pitfalls
New York Law Journal
October 4, 2010
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