Tag modern attachments

StubHub: Modification of ESI Protocol and Denial of Sanctions - Performance Was Impossible by Michael Berman

StubHub: Modification of ESI Protocol and Denial of Sanctions – Performance Was Impossible

Michael Berman analyzes In re StubHub Refund Litigation, 2924 WL 2305604 (N.D. Ca. May 20, 2024) where sanctions were denied regarding not producing hyperlinked documents otherwise known as modern attachments due to a "get out of jail free" clause in their ESI protocol.

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8 Lessons Learned – Part I – The “Humpty Dumpty” Clause of ESI Protocol by Michael Berman, E-Discovery LLC.

8 Lessons Learned – Part I – The “Humpty Dumpty” Clause of ESI Protocol

This article examines the "Humpty Dumpty" clause in ESI protocol within the Social Media Addiction lawsuit. It focuses on the challenges and strategies for handling electronic documents with hyperlinks, including the evidentiary issues they pose. It assesses the court's creative yet temporary solutions to these e-discovery and evidentiary issues.

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