Recently, a team of e-discovery consultants called, seeking feedback on a plan to collect responsive data from nonparties. To their credit, they recognized that not all relevant electronically stored information resides on their client’s systems. Contractors, agents, vendors, clients, lawyers, accountants, consultants, experts, outside directors and former employees also hold responsive ESI.

Consequently, parties must factor nonparties (over whom they have influence) into litigation hold and production strategies. The consultants had done so, but now wondered how to retrieve relevant data without compromising its integrity and usability.

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