The court in Linet Americas v. Hill-Rom Holdings authorized limited discovery about when Linet's duty to preserve was triggered, focusing on privilege-log-type information but not allowing discovery of privileged communications.
In Linet Americas, Inc. v. Hill-Rom Holdings, Inc., 2024 WL 3425795 (N.D. Ill. Jul. 15, 2024), the court enforced an ESI Protocol that called for a “metadata-only” privilege log, even though the producing party redacted parts of the metadata. The holding ultimately hinged on the text of the ESI Protocol and an unforced error by the defendants in failing to ask for information that the ESI Protocol permitted them to get. Defendants Hillrom challenged plaintiff Linet’s privilege log, alleging failure to provide sufficient information to assess the basis for specific privilege assertions.