Parties in Samsung MDL Strike Deal on Protocol for Electronically Stored Information

The parties in the multidistrict litigation arising from last summer’s Samsung data breach reached agreement on a proposed protocol for preserving and producing electronically stored information during discovery, they wrote U.S. District Judge Christine O’Hearn for New Jersey in Camden in a letter Monday (docket 1:23-md-03055). The parties “acknowledge that they have an obligation to take reasonable and proportional steps to preserve potentially discoverable materials,” said the proposed protocol. They say “they have issued litigation hold notices to those custodians likely to possess potentially responsive information, and persons or entities responsible for maintenance of non-custodial sources,” it said. The materials “likely contain potentially responsive information,” and the parties “established procedures to ensure that those notices have been received, understood, and appropriately acted upon,” it said.