The Purpose of an ESI Protocol
A federal court reminds litigants that disagreement over an ESI protocol does not equal an impasse. Parties must meaningfully meet and confer before seeking judicial intervention.
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Read MoreThe Purpose of an ESI Protocol
An “ESI Protocol” is Not a Rule 26(f) “Discovery Plan”
The Federal Rules mandate a discovery plan under Rule 26(f), but not an ESI Protocol. Understanding this difference is critical for defensible and compliant discovery practices.
11th Annual eDiscovery Day Set for December 4
Exterro announces the 11th annual eDiscovery Day on December 4, 2025, uniting legal, compliance, and tech leaders worldwide to explore AI, risk, and the evolving landscape of eDiscovery.
Privilege Log Deemed Partially Inadequate
In Gilbane Bldg. Co. v. School Bd. of Broward County, the court addressed six privilege log disputes, offering practical guidance on adequacy, role identification, email threads, and subject descriptions in discovery.
Another Text Message String Case
In Milne v. ProAll, the court denied a motion to compel further text message production, affirming that speculative claims and perceived format challenges are insufficient without concrete evidence of non-compliance with ESI protocols.
ESI Protocol Should Define “Documents” and Address Redaction Based on Irrelevancy
We the Protestors, Inc. v. Sinyangwe highlights the need for precision in ESI Protocols, particularly regarding the definition of a “document” and redactions for irrelevance. The court's analysis underscores that redactions must be explicitly agreed upon or judicially approved.
An ESI Protocol Saved the Day for the Discovering Party
In a key discovery ruling, the Eastern District of New York emphasized the power of an ESI Protocol in compelling compliant document production. The court ordered reproduction of unsearchable PDFs and rejected the excuse of overproduction as a sign of transparency.
Motion to Compel Searching of BYOD Devices – Defendant’s Information Governance Policy Determined Outcome
In Allergan v. Revance, the court denied a motion to compel searches of employee BYOD devices, citing Revance's clear policies limiting access and control. The ruling emphasizes how well-defined governance policies can influence discovery outcomes.
How Not to Negotiate an ESI Protocol? Say it is “Mandatory”; and, Demand That Discussions be Recorded
This article examines key missteps in Wilbert v. Pyramid Healthcare, where the plaintiff’s insistence on recording a Rule 26(f) conference and imposing a “mandatory” ESI plan were deemed improper. The court's order highlights the necessity of cooperation and proportionality in ESI protocol negotiations.
Uber Technologies – Another Hyperlink Decision
A recent court decision in In Re: Uber Technologies, Inc. Passenger Sexual Assault Litigation addresses the ongoing discovery disputes over hyperlinked documents in ESI. The ruling clarifies metadata obligations and raises evidentiary concerns regarding the usability of hyperlinked materials in litigation.
“Self Help” Discovery Results in Striking of Wrongfully Obtained Evidence
The Campbell v. Aberdeen FCU decision underscores the dangers of self-help discovery in litigation. The court struck improperly obtained evidence and reaffirmed that litigants must follow ethical guidelines rather than resorting to extralegal means.
November’s Notable Cases and Events in E-Discovery
November's notable e-discovery cases featured rulings on TAR protocols, search term validation, proportionality in custodian designations, and privacy in forensic evaluations. Learn how these decisions impact litigation strategies.