Performing an early case assessment (ECA) to help make better litigation strategy decisions is not a new or novel concept. However, with the rise in technology, this process has evolved and become increasingly more valuable to litigation teams. Attention to case insights comes after a team identifies, preserves, and collects electronically stored information (ESI) about potential matters. This includes litigation, internal investigations, and regulatory events.
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The new disclosure rules in the UK force counsel and their clients to think about disclosure much earlier in the timeline of a case. You need to submit initial disclosure with your statement of case, and you need to have an understanding of the key issues and the type of disclosure you will request for each within 28 days of close of the statement of case.
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