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Federal E-Discovery: ESI Protocol Outweighs FRCP Proportionality Protections, Court Says
February 2, 2021
Litigation partners Chris Boehning and Dan Toal’s latest Federal E-Discovery column, “ESI Protocol Outweighs FRCP Proportionality Protections, Court Says,” appeared in the February 2 issue of the New York Law Journal. The authors discuss the multidistrict litigation In re Valsartan, in which a judge ruled that the parties’ court-ordered ESI (Electronically Stored Information) protocol superseded proportionality protections. The ruling demonstrates that parties must negotiate ESI protocols with care and with appropriate attention to the unique facts of the case and the impact of the behavior of the parties. Understanding and negotiating such protocols are key to information discovery practice. E-discovery counsel Ross Gotler and e-discovery attorney Lidia Kekis assisted in the preparation of this article.