Every week, the Array team reviews the latest news and analysis about the evolving field of...

Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of May 25-31. Here’s what’s happening.
On eDiscovery Today, Doug Austin writes about Hall v. Warren, a class action in the Western District of New York alleging excessive force and failure to address misconduct by a city police department. The magistrate judge directed both parties to meet and develop a proposed ESI protocol, and if the parties weren’t able to agree, they must submit separate proposals for the judge to decide which portions would become the approved ESI order.
The magistrate judge’s alternate scenario played out, and the defendants objected to the court-drafted ESI order, filing a motion that the ESI order must be vacated because of errors. A district judge overruled the objections, affirming the magistrate judge’s ESI order. Austin summarizes the case opinion to illustrate why the motion failed.
The takeaway here is that parties are encouraged as much as possible to collaborate and together on a mutually-agreeable ESI protocol. Even if each side has to give a little to take a little, the protocol emerging from a meet-and-confer will likely be a better outcome than one unilaterally imposed by the court.
Other recent eDiscovery news and headlines:
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Every week, the Array team reviews the latest news and analysis about the evolving field of...
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