To resolve electronic discovery issues early in legal proceedings, parties often negotiate ESI protocols that define the required formats of production, outline the scope of record preservation required for the matter, and address key issues regarding privilege, confidentiality, and other key discovery considerations. But what happens when parties establish requirements in their ESI protocols that […]
By addressing how e-discovery issues will be handled in a particular case, ESI protocols can serve a valuable role in escalating such issues for early resolution and reducing later disputes on these topics. Below are five simple reminders for the next time you draft and negotiate an ESI protocol. 1. Start your draft by consulting […]
Key Insight: Plaintiff was discovered to have fabricated emails. Court awarded over $500,000 in damages to Defendant. Nature of Case: antitrust litigation Electronic Data Involved: Emails Keywords: sanctions,m fabricated evidence View Case Opinion