Law

E-Discovery Protocol: What to Ask For and Why You Need It

In many litigations, the need to properly structure a discovery protocol is often overlooked despite the fact that it is an essential element in the proceeding. (A protocol is a set of conventions ...
JD Supra

“ESI Protocol” v. “Discovery Plan”

“ESI Protocols” are discussed in judicial opinions, articles, webinars, and blogs. They are flexible and useful; however, they may not meet all of the requirements of Fed.R.Civ.P. 26(f). After a Rule ...
Law

Better Information Governance Means Better E-Discovery Outcomes—Part II: Components of Information Governance That Support Consistency in E-Discovery

In Part I of this series, we presented an introduction to the current e-discovery landscape, a summary of key 2015 amendments to the Federal Rules of Civil Procedure (FRCP), and an overview of core ...
JD Supra

Court Holds That an ESI Protocol Must be Specific in GenAI Copyright Class Action

Image: Holley Robinson, EDRM with AI. In Andersen v. Stability AI Ltd., 2025 WL 870358 (N.D. Cal. Mar. 19, 2025), the court resolved a dispute over an ESI Protocol. The starting point was a Standing ...