ESI protocols still remain a thorny issue on "both sides of the v." A recent decision helps illustrate this, where, in a discovery dispute over what was actually agreed to in an ESI protocol, a court ...

Whether parties (and some nonparties) have possession, custody, or control over electronically stored information (ESI) is a key inquiry in defining their discovery obligations in a federal civil ...

Two particularly noteworthy topics in recent e-discovery litigation include: possession, custody, or control questions involving employee text messages; and the role and form of adverse inference ...