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ARTICLE · 25 JULY 2023

Importance Of ESI Consult Before Entering ESI Protocol Agreement

Reed Smith
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Adiscovery order issued in In re StubHub Refund Litigation, No. 20-md-02951-HSG (TSH) (N.D. Cal. Apr. 25, 2023) highlights the importance of consulting attorneys...

United StatesLitigation, Mediation & Arbitration
Sharon Ann Doherty
Sharon Ann Doherty
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Adiscovery order issued in In re StubHub Refund Litigation, No. 20-md-02951-HSG (TSH) (N.D. Cal. Apr. 25, 2023) highlights the importance of consulting attorneys, analysts and/or consultants knowledgeable about e-discovery before entering an ESI Protocol Agreement. The parties here agreed to certain "technical specifications" for document production that were subsequently "so ordered" by the Court. StubHub was then "unable to live up to its agreement" by not producing "linked documents as attachments" and preserving the email "parent-child relationship" as required by the ESI protocol.

StubHub agreed to the following technical specifications for producing responsive documents:

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