Sam Bock, Relativity: 3 Adversaries You Might Meet Negotiating an AI-Friendly ESI Protocol

Key Takeaways

• Generative AI now integral to e‑discovery workflows.
• Three common adversaries: opposing counsel, IT, and data custodians.
• Early client‑technologist collaboration yields defensible, flexible protocols.
• AI‑enabled protocols reduce costs and improve data relevance.
• Ignoring AI risks can lead to non‑compliant evidence collection.

Pulse Analysis

The e‑discovery landscape has been reshaped by rapid advances in generative and agentic AI, turning data collection from a manual slog into an algorithm‑driven process. Firms that embed AI considerations into their Electronic Stored Information (ESI) protocols gain clearer data relevance, faster document review, and reduced attorney‑hours. Yet the technology’s power also introduces new friction points, especially when parties lack a shared understanding of AI’s capabilities and limitations.

In his recent article, Sam Bock identifies three adversaries that routinely surface during protocol negotiations: opposing counsel wary of AI‑generated bias, internal IT departments concerned about data security, and custodians hesitant to expose privileged material to automated tools. Each stakeholder brings distinct risk appetites and compliance requirements, making a one‑size‑fits‑all approach untenable. By mapping these adversaries early, legal teams can pre‑empt disputes, embed safeguards, and negotiate clauses that balance transparency with protection.

The strategic takeaway for practitioners is clear: proactive, client‑centric collaboration with technologists is no longer optional. Crafting an AI‑friendly ESI protocol that is both defensible and adaptable positions firms to meet evolving court expectations while curbing costs. As courts increasingly scrutinize the provenance of electronically stored evidence, firms that master AI‑aware negotiations will enjoy a decisive advantage in both settlement and trial scenarios.