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E-Discovery Update

August'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 from the U.S. District Court for the Southern District of New York denying a motion to compel the production of a hard drive and all of its contents because the motion was premature and overbroad prior to the completion of document production
  2. an opinion from the U.S. District Court for the District of New Jersey overruling a defendant’s confidentiality designations for certain documents produced in discovery because the defendant did not satisfy its burden to show that the documents contained information that was proprietary, contained trade secrets, and/or was highly confidential, and applying the ruling to thousands of other documents produced by the defendant that had also been designated as confidential
  3. an order from the U.S. District Court for the Southern District of New York granting sanctions against certain defendants under Rule 37(e) for failing to implement litigation holds that led to the deletion of a key custodian’s email files
  4. a ruling from the U.S. District Court for the Southern District of California denying a plaintiff’s request to mandate that the defendants respond to discovery requests using specific search terms and custodians identified by the plaintiff

 

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