e-Lawyering ESI Protocols: Courts Hold Parties to Account for Failing to Comply with the Protocols They Negotiated May 19, 2023 by Daniel Miller 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 ... Read more » Cell Phone Data Cellular Phone Email Emails ESI Protocol Manual Review Metadata Spoliation Text Message Text Messaging and Other Real-Time Electronic Communications Trends & Emerging Issues
e-Lawyering Five Quick Tips for Drafting and Negotiating ESI Protocols January 28, 2023 by Daniel Miller 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 ... Read more » ESI Protocol Meet and Confer Trends & Emerging Issues
e-Lawyering Carrington v Graden, (S.D.N.Y. 2020) September 28, 2020 by KLG PDF Import 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 Read more » CASE SUMMARIES ESI Protocol Forensic Imaging Format Of Production FRCP 37(e) Preservation (effective Dec. 1, 2015) Lack of Cooperation / Inaccurate Representations Motion for Sanctions Spoliation