Litigation partners Chris Boehning and Dan Toal’s latest Federal E-Discovery column, “Analyzing ESI Protocol, Court Orders Manual Document Review,” appeared in the April 4 issue of the New York Law Journal. The authors discuss a recent decision in McCormick & Co., Inc. v. Ryder Integrated Logistics, Inc., concerning the parties’ discovery dispute over whether the ESI protocol required a document-by-document review for relevancy. Finding that the ESI protocol expressly obligated such a review, the court overruled the plaintiff’s objections to the magistrate judge’s similar determination. Highlighting the contentiousness of ESI protocols, the decision underscores, among other things, that ESI protocols should be taken seriously and are enforceable by the court, especially when entered as an order; and that, in this case, proportionality, even though a critical concept in properly scoping discovery, was not a way to avoid discovery obligations that a party later deemed too burdensome. Deputy chair and counsel, e-discovery Ross Gotler assisted in the preparation of this article.
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