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
What are the costs associated with different phases of e-discovery production? How are these costs distributed across internal and external sources of labour, resources, and services? And how can these costs be reduced without compromising quality? The Rand Institute for Civil Justice’s April monograph, “Where the Money Goes: Understanding Litigant Expenditures for Producing Electronic Discovery” explores these issues, highlights the main challenges related to preserving electronic information and provides some recommendations on how to address complaints of excessive costs and uncertainty.
In the Rand study, the researchers collected data from eight major corporations across 57 cases and interviewed … Continue Reading
With the massive number of emails and other electronic documents generated today on a daily basis, organizations face tough challenges in preserving documents in the face of litigation. In Voom HD Holdings LLC v. EchoStar Satellite LLC, Index No. 600292/08, 2012 NY Slip Op 00658 (January 31, 2012), the New York Appellate Division provides some timely guidance on what steps parties should take to preserve documents when faced with the prospect of litigation.
The case involved a contractual dispute where the parties had been engaged in contentious discussions for six months prior to the filing of the lawsuit. The … Continue Reading