In Star, the parties reached mutual agreement on the terms of the Proposed Order Governing Electronic Discovery submitted to the court. The default standards contained in the Order included an E-discovery liaison who was knowledgeable about the technical aspects and responsible for facilitating the e-discovery process for each side.

The timing of e-discovery shall be completed 60 days after the Order and shall not include on-site inspections absent exceptional circumstances. Documents shall be produced in image files (e.g., PDF or TIFF) with all the metadata and revision history included.

A retention coordinator shall be appointed to avoid later accusations of spoliation. After identification of relevant document custodians, this retention coordinator shall implement procedures to ensure email is not deleted or altered in the ordinary course of business.

The parties agreed that any privileged product which is inadvertently disclosed does not waive such privilege. These documents identified as inadvertently produced shall cease review and be returned to the other party.

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