eDiscovery document review can be time-consuming and expensive for companies. Depending on the results of the review, it also can be helpful for internal investigation or litigation purposes. To minimize the burden and maximize the benefit of document review, a good document review protocol is critical. A document review protocol is a set of instructions

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