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E-Discovery Update

May's Notable Cases and Events in E-Discovery

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This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues:

  1. a U.S. District Court for the Southern District of New York opinion addressing a defendant’s use of Google Vault to collect Gmail communications and Google Drive documents and finding that the defendant did not need to collect documents hyperlinked in Gmail communications
  2. a U.S. District Court for the Southern District of California decision requiring a plaintiff to produce metadata showing the file path of documents produced during discovery and addressing the obligation to preserve deleted and ephemeral data
  3. a U.S. District Court for the District of Kansas ruling that a defendant did not have to re-produce data in Microsoft Excel format that had been produced in PDF format because the defendant ordinarily maintained the data in PDF format and the plaintiff did not show that the data was inaccessible in PDF format
  4. a U.S. District Court for the Western District of Washington decision granting a motion to compel the re-production in native Microsoft Excel format of sales data originally produced by a defendant in PDF format, because the data was not produced in the form in which the defendant maintained it in the ordinary course of business, nor was it produced in a functionally equivalent format

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