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November 11, 2020 Practice Points

Client Self-Collection of ESI Is Risky Business

Tips on advising clients how to avoid the risks of self-collection

By Robert W. Wilkins

A recent case, Equal Employment Opportunity Commission  v. M1 5100 Corp., d/b/a Jumbo Supermarket, Inc., Case No. 19-cv-81320 (S.D. Fla. July 2, 2020), highlights the risks both to clients and attorneys when a client collects its own documents in discovery.  This article reviews such risk and offers a broader look at tips to avoid that risk and the risk of potential discovery on discovery.

Robert W. Wilkins, is a shareholder in Jones, Foster, Johnston & Stubbs, P.A., West Palm Beach, Florida

Note: This item was previously published in the Palm Beach County Bar Association Bar Bulletin.

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