A New Tactic: Document Dumps
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Litigators Corner:
A New Tactic: Document Dumps

By Joseph N. Hosteny of Niro, Scavone, Haller & Niro

The advent of the paperless era was supposed to reduce paperwork, thus preserving the world’s forests from the predations of lawyers, rivaling the havoc wreaked by the Dutch Elm beetle. I know that the paperless era has worked to some degree, because I no longer have paper copies of briefs, deposition transcripts, memos, subpoenas, objections to subpoenas, deposition notices, Rule 30(b)(6) deposition notices, objections to Rule 30(b)(6) notices, summonses, complaints, appearances, civil cover sheets, answers, counterclaims, replies, motions, responses, declarations, affidavits, expert reports, rebuttal reports, memorandum opinions, court orders, protective orders, initial disclosures, pretrial schedules, local rules, faxed letters, mailed letters, confirmation copies of faxed or emailed letters, confirmation copies of emailed letters, patents, articles, prior art, claim charts, interrogatories, objections and responses to interrogatories, document requests, objections and responses to document requests, requests for admissions, documents produced, hearing transcripts, et cetera, et cetera, et cetera, to quote the King of Siam, from “The King and I.”

But it hasn’t worked out as well as we would like. In a new mania, we are actually turning the convenience of the paperless era into a new form of electronic warfare. In one of our cases, the defendant produced about three million documents....

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