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ARTICLE · 25 JANUARY 2012

Preparing for eDiscovery in Outsourcing Contracts

Mayer Brown
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Parties to litigation are typically required to identify, preserve, retrieve, review and produce electronically stored information (ESI) within their control that is potentially responsive to the matter.

United StatesEmployment and HR
Shawna Doran
Shawna Doran
Kim Leffert
Kim Leffert
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Originally published Winter 2012

Keywords: eDiscovery, outsourcing contracts, misconduct, electronically stored information, ESI,

Parties to litigation are typically required to identify, preserve, retrieve, review and produce electronically stored information (ESI) within their control that is potentially responsive to the matter. The time frames for fulfilling these discovery requirements are often short, and courts have shown little patience for companies that fail to meet their discovery obligations. An excuse that "the data is on an outsourcing provider's systems" will likely fall on deaf ears as courts continue to issue discovery sanctions for noncompliance that range from negligence to willful misconduct.

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