eDiscovery Vendor Vetting Checklist

The eDiscovery Vendor Vetting Checklist is a one-page planning document for any litigator scoping a privileged production under a cloud or hybrid eDiscovery vendor. It maps the 5 questions a Florida attorney should answer before uploading a single document, written against the standards set by Morgan v. V2X and Jeffries v. Harcros.

Most privilege failures in modern eDiscovery do not come from the protective order. They come from the data processing addendum, the sub-processor list, and the generative AI architecture the vendor never highlighted. The checklist isolates those failure points and shows you what to ask, where to push back, and when to walk.

What the checklist covers

• Physical document location, cloud provider underneath, and sub-processor access list.
• Generative AI processing: inference vs. training, infrastructure, and contractual carve-outs.
• Standard contract review: training prohibition, retention windows, deletion certification.
• Protective-order affidavit posture: can the vendor sign on the order in front of you.
• Mid-case migration mechanics: export format, time frame, cost, and deletion across backups.

For the published analysis behind the checklist, see 5 Questions to Ask Your eDiscovery Vendor. For the firm's on-premises eDiscovery service — built against this compliance standard from day one — see /ediscovery.