Before you can prepare your data production request
from the opposition, you must know how the opposition’s
I.T. infrastructure is setup. If your opposition
has not done their homework and has not created a
data map of their I.T. infrastructure, then this
could be used to your advantage. In all likelihood
your opposition does not have a litigation readiness
plan in place and will struggle to meet the deadlines
of the new Federal Rules of Procedure for producing
Electronic Stored Information. Hence the opportunity
is there for a settlement.