snIP/ITs Insights on Canadian Technology and Intellectual Property Law

Monthly Archives: August 2012

Custodian Self-Collection and Employee-Based Searching – Evaluating Adequacy

Posted in E-Discovery

Can employees be trusted to search their own records in response to an e discovery request? What documentation is required to demonstrate “search accuracy” in self-collection? What if the custodians get it “wrong”?

These are some of the questions addressed in the Opinion and Order filed July 13, 2012 in National Day Laborer Organizing Network v. The United States Immigration and Customs Enforcement Agency in the United States District Court, Southern District of New York. The matter concerns a 21-page request under the Freedom of Information Act for information from a variety of federal agencies and departments about the Secure … Continue Reading