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E-Discovery Update

September’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 ruling from the U.S. District Court for the Northern District of Illinois that Defendants waived the marital communications privilege by producing emails between one of the Defendants and his wife, finding that Federal Rule of Evidence 502 did not apply to the privilege, and that federal common law supported a finding of waiver
  2. An order from the U.S. District Court for the District of South Dakota denying Plaintiff’s motion to compel Defendants to use an additional seven search terms to locate responsive documents, because the cost to search and review the documents that hit the search terms rendered them not reasonably accessible, and no good cause existed to require the review
  3. A decision from the U.S. District Court for the Southern District of Indiana compelling one Defendant to review all text messages for two custodians for a certain period regardless of whether the text messages hit a search term, and to produce all text messages related to the case and requiring Defendants’ counsel to provide a certification regarding the review
  4. A report and recommendation from the U.S. District Court for the District of Rhode Island recommending granting Plaintiff’s motion for terminating sanctions arising out of Defendants’ deletion and withholding of data from an iPad, an iPhone, and a Gmail account

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