ESI Protocol

About this Project

The main goal of this Committee is to develop a model ESI Protocol that can be adapted and adopted for multiple cases so that case teams do not have to “reinvent the wheel” for each case.  We want a model that will be palatable to most courts and parties on both sides of the “v.”—which means if you more often represent parties that do the bulk of the requesting (often the plaintiffs) rather than parties that do the bulk of the producing (often defendants), we particularly need your voices to be included, because many of our active EDRM participants work with big firms or companies that are more often on the defense side.  We also recognize that there is no “one size fits all” when it comes to ESI protocol, so any model protocol developed by this project team can include optional provisions that parties can negotiate to include or not include for any particular cases. The protocol may also reference and incorporate the recently published EDRM Privilege Log Protocol, as well as a TAR Protocol that comes out of the work of the team described below.

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Co-Project Trustees

  • Craig Ball, Attorney, Certified Computer Forensic Examiner and Adjunct Professor, University of Texas School of Law (Austin, Texas US)
  • Robert Keeling, Partner, Sidley Austin LLP (US)