ESI protocols have become important to get parties “on the same page”. Here, Cimplifi discusses negotiating from a position of power!

In their post titled (wait for it!) Chess, Not Checkers: Negotiating from a Position of Power (available here), Cimplifi discusses the use of ESI protocols in complex litigation and the information needed for negotiation from a position of power.

While they aren’t necessarily appropriate for every case, they are a vital tool in helping to minimize disputes (or at least expedite them to be resolved earlier in the case) in complex litigation.

However, to successfully negotiate an ESI protocol that is favorable to your needs, it’s important to have certain information at hand so that you can negotiate from a position of power. Not having that information can be costly, as we saw in the case In re StubHub Refund Litig, where the defendant agreed to produce hyperlinked files as modern attachments without realizing the challenges in doing so.

So, why are ESI protocols essential in complex litigation? And what are five key areas to consider before entering negotiations? Find out here, it’s only one click! You have the power – to find out! 😀

So, what do you think? Is your organization involved in complex litigation? Please share any comments you might have or if you’d like to know more about a particular topic.

Image created using GPT-4o’s Image Creator Powered by DALL-E, using the term “two robots playing chess”.

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