The issue of production format when dealing with ESI is often the subject of discussion and disagreement. If possible, the parties to the litigation should agree at the outset to the production format. In fact, a conversation about production format, metadata and redactions (among other things) should occur at the preliminary conference and/or the Rule 26 conference. However, this
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Preliminary Conference
Never Agree to Do Something Your Client Cannot Do
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Under the New York State Supreme Court Commercial Division Rules counsel are expected to agree at the Preliminary Conference as to the method and manner of their e-discovery (“ESI”) production. Counsel will sometimes readily agree to produce emails in their native format, with attendant metadata, without knowing whether or not their clients are able comply with such requirements.
This appears…
Continue Reading Never Agree to Do Something Your Client Cannot Do