ESI Agreements

Electronically Stored Information (ESI) Agreements, Orders, and Protocols in eDiscovery

Formalized eDiscovery agreements or orders/protocols are highly advisable in document intensive cases. Our process for ESI agreement/order development covers all the critical details to stay ahead of the curve and avoid potential pitfalls. A properly planned and negotiated eDiscovery ESI agreement can streamline electronic discovery and avoid unnecessary disputes, eliminate case delays, and reduce ediscovery costs. Failure to handle these sometimes technical but important issues can lead to frustration, higher costs, embarrassment, and ultimately the inability to obtain key evidence in your case. ESI Agreements can sometimes be negotiated as part of the Rule 26 (f) ‘Meet and Confer’ process in federal court. In such cases, having a model agreement can help focus the Rule 26 (f) discussions. Even outside of the Rule 26 framework, such an agreement can be helpful in any complex case. Our CEDS certified eDiscovery Specialists are available to assist in drafting and reviewing ESI agreements, orders, protocols, and specific production requirements.

What Should be Included in an ESI Agreement

Our Professional Services Team has developed industry leading best practices for use in drafting ESI Agreements. Here is a list of topics that are covered in the development of ESI Agreements for clients:

  • ESI Preservation

  • ESI Collection

  • Culling

  • Not Reasonably Accessible ESI

  • Search Terms for Document Review

  • Metadata Production Requirements

  • Duplicates

  • Redaction

  • Databases

  • Form of Production

  • Native Files

  • Parent-Child Relationships

  • Bates Number

  • File Naming Conventions

  • Load Files

  • eDiscovery Liaison

  • Extracted Text

  • OCR Text

  • Exception Files

  • Translation of Produced Materials

  • Privileged Information

  • Privilege Log

  • In-Camera Review (Subject to Privilege Claim)

  • Receipt of Privileged Information

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Rely on the Experts for ESI Agreements

Our Professional Services Team consists of CEDS certified litigation paralegals and lawyers that are experienced at drafting ESI Agreements for complex matters.

Lexbe eDiscovery Specialists will collaborate with you on the development of all the critical components and details needed for the ESI Agreement.

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If you have questions about crafting ESI agreements or any other litigation related issue, we’d be happy to schedule a complimentary consult call.

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