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E-Discovery Update

January'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 Southern District of California denying the Defendants’ motion to compel Plaintiff to disclose information about the sources, methodology, and search terms used to collect electronically stored information (ESI) from one of its custodians
  2. an order from the U.S. District Court for the Eastern District of North Carolina overruling the Defendants’ objections based on the “apex doctrine” and ordering Plaintiffs to add their former president as an ESI custodian
  3. a decision from the U.S. District Court for the District of Massachusetts ordering Plaintiff to produce documents in the possession of a vendor, finding that the documents were within Plaintiff’s possession, custody, or control
  4. an opinion from the U.S. District Court for the Middle District of Florida compelling the Defendant to run specific search terms but declining to compel the Defendant to disclose its search history for the searches it had already conducted

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