Rule 16(b)

This rule requires the scheduling order to address and disclose all discovery of electronically stored information (ESI).

Rule 26(b)

This rule obligates both parties to have a “Meet and Confer” conference to discuss all eDiscovery issues prior to commenc¬ing discovery.

Rule 26(b)(2)(B)

This rule requires the responding party to produce all accessible, relevant, non-privileged and responsive ESI. The responding party may potentially avoid production of inaccessible ESI unless production is mandated by the court.

Rule 26(b)(5)

This rule creates a process for asserting claims of privilege and work product protection following an inadvertent production of ESI. The mechanisms used are the Claw Back, Open Peek and Quick Peek arguments.

Rule 34 (b)

This rule institutes a procedure for both parties to identify the format of ESI to be processed by providing a default ESI production form in the event it is not agreed upon during the 26(b) conference. The default form revolves around ESI that “in which it is ordinarily maintained [or] reasonably usable.”

Rule 37(f)

This rule creates a “Safe Harbor” by providing that absent extraordinary circumstances, a court may not impose sanctions on either party for not providing ESI lost due to a routine, good-faith operation of an electronic information system.