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Since the 2006 amendments to the Federal Rules of Civil Procedure, which made explicit the discoverability of electronically stored information (ESI), a robust body of case law has developed addressing nearly every aspect of electronic-discovery practice.

A coverage issue yet to be decided in New Jersey is whether a commercial general liability (CGL) policy, which provides the insurer with the duty and right to defend its insured against third-party claims, also authorizes the insurer to be reimbursed for defense costs that are later determined to be beyond the policy grant of coverage.