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E-Discovery Update

June'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 decision of the U.S. Court of Appeals for the Sixth Circuit reversing a district court’s order granting defendant’s motion to suppress inculpatory emails in a visa fraud and trade secrets case because the good-faith exception to the exclusionary rule applied
  2. a U.S. District Court for the Western District of Washington opinion a) granting plaintiff’s motion to re-open defendant’s Rule 30(b)(6) deposition because defendant produced 30,000 documents in the days prior to the deposition and failed to adequately prepare its witness to fully and unevasively answer questions on two of 33 designated topics but b) denying attorney’s fees and expenses to plaintiff because of the large number of topics and subparts in the deposition notice and the 100 hours the witness spent preparing for the deposition
  3. a U.S. District Court for the Western District of Texas ruling rejecting the defendant’s motion to compel the plaintiff to identify the source of leaked documents because such information would not lead to relevant evidence
  4. a U.S. District Court for the District of Minnesota decision holding that a Brazilian company could obtain discovery pursuant to 28 U.S.C. § 1782 from a bank based in Minnesota on matters relating to proceedings pending in Brazil and Singapore

Sidley Austin LLP provides this information as a service to clients and other friends for educational purposes only. It should not be construed or relied on as legal advice or to create a lawyer-client relationship.

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