Credit: Ivan/Adobe Stock New Sanctions Case Offers Lessons on ESI Protocols and Information Governance Policies
As reflected in the recent In re Keurig Green Mountain Single-Serve Coffee Antitrust Litigation case, noncompliance with preservation provisions in an ESI protocol can expose parties to severe sanctions under Federal Rule of Civil Procedure 37(b)(2)(A).
July 25, 2022 at 07:00 AM
6 minute read
ESI protocols have become an increasingly contentious issue in e-discovery. While ideally setting the framework for basic issues such as form of production, metadata fields, and load file specifications, ESI protocols have become bogged down in negotiations over search procedures and family productions of hyperlinked documents. Worse, some parties memorialize preservation procedures in ESI protocols.
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