Discovery protocols governing the production of electronically stored information (“ESI”) in litigation (“ESI Protocols”) can be invaluable. Rather than execute a formulaic ESI Protocol, counsel should familiarize themselves with their clients’ ESI practices, anticipate issues that may arise during discovery, and agree, in their protocol, on how to address those issues. By charting a course
A 2022 case out of the Southern District of New York discussed the affirmative discovery obligations imposed upon parties under Federal Rules of Civil Procedure 26 and 34 when conducting electronically stored information (ESI) searches and determining the identities of custodians and locations of relevant documents or information. Specifically, the court observed that any agreement
Modern day litigation involves an ever-increasing volume of data. In turn, the ubiquitous nature of data has caused significant financial strains on legal teams. Because of the financial concerns attendant to eDiscovery, it is imperative that today’s legal teams are conversant in defensible strategies to control legal costs without compromising the ability to understand their
In an earlier post, we discussed how District Court Judge Iain Johnston noted that “at times, ESI discovery can be complex,” but the “same basic discovery principles that worked for the Flintstones still work for the Jetsons.” Indeed, ESI discovery, just like its paper predecessor, involves five fundamental steps: (1) identification, (2) preservation, (3)