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Attorneys for an action brought against your client, a large insurance company, have moved to sanction you for non-responsiveness because you produced paper copies of
Attorneys for an action brought against your client, a large insurance company, have moved to sanction you for non-responsiveness because you produced paper copies of your employee emails instead of electronic copies. Their discovery request did not specify the format of production. They have asked the court to compel you to produce the files again in electronic format. You argue that the company's standard written procedure is to print out a copy of every company-related email that is sent or received. These emails are then placed in an archival file onsite. Your client's IT department has specific guidelines that state every year the email files of all employees will be purged from the system in an effort to reduce electronic information storage expenses. Your production of the paper emails to the Plaintiff's attorneys cost your client $10,000 in expenses and fees. The plaintiff's attorneys argue that your client would have only printed out emails that they determined would be important but they cannot point out with specificity exactly what additional information might be present in the non-produced electronic information. What arguments could you make on behalf of your client showing the production of the electronic copies is unnecessary
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