You v. Japan, No. C 15-30257, 2015 WL 5542539 (N.D. Cal. Sept. 9, 2015)

Key Insight: In this case, the court ordered preservation, including “interdiction of any document-destruction programs . . .” and defendant alleged that preservation of all contents of a proprietary publication application could slow down or crash the system and that installation of a new storage system would cost $18 million dollars and could take up to eight months to install. Accordingly, the defendant sought permission to employ an alternative preservation protocol, namely the use of key word search terms to identify materials to be preserved in a ?searchable environment not subject to auto-delete.? With the addition of one search term to be employed, the court approved Defendant?s proposal.

Nature of Case: Putative personal injury class action involving claims against numerous defendants for alleged sexual violence during World War II

Electronic Data Involved: ESI