De-NISTing in eDiscovery: A Costly Provision That Shouldn’t Be in Model Orders in the First Place (opens in new tab)

A federal court's eDiscovery order requiring de-NISTing exposes misunderstandings of proportional eDiscovery practices. De-NISTing, meant to filter irrelevant files from collections, is unnecessary with properly scoped collections that target user-generated data, aligning with proportionality mandates. Current practices often favor over-collection for financial gain, undermining efficiency and judicial cost concerns. Continue reading →