Insights

Practical writing on ESI dispute resolution.

Short, plain-English pieces for litigation counsel weighing whether — and how — to put a discovery dispute in front of a neutral.

Articles

01
Special Master

When to appoint a discovery special master

There is no bright-line rule, but FRCP 53 gives courts a powerful option for technical, data-heavy, or contentious discovery. A practical framework for the roles, the triggers, the cost answer, and how to scope the order.

02
California practice

California discovery referees: CCP §638 vs. §639

One path runs on the parties' agreement and binds; the other on the court's own motion and advises. The difference shapes who controls the appointment, the scope, and how the referee's decisions are reviewed.

03
Forensic neutral

Resolving spoliation disputes with a forensic neutral

Most spoliation fights turn on what actually happened on the systems. Under FRCP 37(e), a forensic neutral can separate genuine loss from ordinary system behavior and give the court a defensible, proportionate record.

04
Forensic neutral

Forensic neutrals in large-scale litigation

Large commercial disputes increasingly turn on digital trails and the integrity of electronic evidence. A forensic neutral bridges the technical and the legal — especially where neither side can expose its systems to an adversary.

05
ESI protocols

Building ESI protocols for modern data

Legacy protocol language assumes email and static attachments. Modern discovery runs on cloud collaboration, hyperlinks, and cross-platform chat — and a defensible ESI protocol has to say so up front.

06
Special Master

When a special master makes the difference in digital-evidence disputes

Some digital-evidence disputes simply outgrow the bench. A special master under FRCP 53 brings ESI expertise, time, and bespoke procedure that keep complex cases moving.

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