Be careful what you wish for—and/or agree to—warns attorney Joshua Gilliland on his blog, Bow Tie Law. He’s talking about e-discovery and his advice is the following: “NEVER agree to a stipulation to produce native files when ‘it is more practical to do so’ and agree to productions in paper.”
Gilliland draws on a recent case from the U.S. District Court for the Northern District of California called Melian Labs v. Trilogy, in which the parties did make that kind of agreement. “It reads like a personal ‘Sum of All Fears’ for anyone who has spent years working with ESI, because the court denied motions to compel email and spreadsheets,” due to the parties making a prior stipulation, he says.
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