The past 20 years have transformed business litigation. We have witnessed a perfect storm of expanding legal issues, contracting budgets, and clogging dockets. The deluge of discovery issues involving digital devices and social media threatens to overwhelm the system. Attorneys and the courts have been asked to do more with less, and they have struggled to keep up. Reactive adjustments to these challenges have come in fits and starts, including rule changes, court experiments, and various pilot projects. The receding tide of resources over the past few years, however, has left various approaches stranded among the rocks, exposed. The shrinking tidal pool of the legal market is more competitive than ever. Litigators must adapt and evolve in this changing environment.
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