Scenario

A large company is involved in a commercial litigation dispute that requires the collection and production of electronically stored information (ESI) maintained by its offices in the United States, Europe and Asia.  During the Rule 26(f) conference, the parties discuss a variety of topics but do not discuss the fact that the large company intends to use keywords to search its servers for responsive ESI.  Upon learning that keywords were used to identify responsive ESI, opposing counsel…