June 28, 2016 – Electronic Discovery Law

Contents of Personal Computers and Email Accounts Within Scope of Discovery, Search Ordered by Court

Jun 28 2016

Sunderland v. Suffolk Cty., No. CV 13-4838 (JFB)(AKT), 2016 WL 3264169 (E.D.N.Y. June 14, 2016)

In this civil rights action, the parties agreed upon search terms to identify responsive material but did not agree regarding the propriety of searching the Individual Defendants’ personal computers and email accounts. Concluding that responsive information located in the Individual Defendants’ personal repositories was within the scope of discovery, the court granted Plaintiff’s motion to compel the requested searches.

Arbor, LLC v. Herrick, LLP (NY AppDiv, 2016)

Jun 28 2016

Key Insight: Sanctions for failure to preserve. Plaintiff did not issue a litigation hold until 23 months after reasonable anticipation of litigation.

Nature of Case: Legal malpractice

Electronic Data Involved: ESI destroyed under plaintiff’s record destruction policies: Backup tapes, routine deletion of emails, erasure of hard drives/email accounts.

Keywords: Preservation, spoliation sanctions, adverse inference charge, litigation hold.

Archive - June 28, 2016