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Abu Dhabi Comm. Bank v. Morgan Stanley & Co., 2011 U.S. Dist. LEXIS 95912 (S.D.N.Y. Aug. 18, 2011)
No "ironclad standard" governs whether a party must produce non-privileged attachments along with their parent e-mail.
No "ironclad standard" governs whether a party must produce non-privileged attachments along with their parent e-mail.
Applied Professional Training, Inc. v. Mira Costa College, 2012 U.S. Dist. LEXIS 2289 (S.D. Cal. Jan. 9, 2012).
Where parties produce electronically stored information (ESI) in its native format, they are not required to furnish the hardware or software required to review it.
Where parties produce electronically stored information (ESI) in its native format, they are not required to furnish the hardware or software required to review it.
Bean v. John Wiley & Sons, Inc., 2012 U.S. Dist. LEXIS 4900, (D. Ariz. Jan. 17, 2012).
Providing information in a reasonably useful form meant that the producing party had to provide a list of definitions explaining the abbreviations used in an Excel spreadsheet in this copyright infringement matter.
Providing information in a reasonably useful form meant that the producing party had to provide a list of definitions explaining the abbreviations used in an Excel spreadsheet in this copyright infringement matter.
Bull v. United Parcel Service, Inc., 2012 U.S. App. LEXIS 54 (3d Cir. Jan. 4, 2012)
In this disability discrimination case on appeal from the District of New Jersey, the Third Circuit concluded that "producing copies in instances where the originals have been requested may constitute spoliation if it would prevent discovering critical information" since "in some instances, original documents might yield relevant evidence that is simply not available from copies." Nonetheless, it found that the district court had abused its discretion in finding that the plaintiff had intentionally destroyed documents and in imposing the ultimate sanction of dismissal of the plaintiff's case.
In this disability discrimination case on appeal from the District of New Jersey, the Third Circuit concluded that "producing copies in instances where the originals have been requested may constitute spoliation if it would prevent discovering critical information" since "in some instances, original documents might yield relevant evidence that is simply not available from copies." Nonetheless, it found that the district court had abused its discretion in finding that the plaintiff had intentionally destroyed documents and in imposing the ultimate sanction of dismissal of the plaintiff's case.
City of Colton v. American Promotional Events, Inc., 2011 U.S. Dist. LEXIS 126848 (C.D. Cal. Oct. 13, 2011).
Under the Federal Rules of Civil Procedure (FRCP), parties must produce electronically stored information (ESI) as it was kept in the usual course of business or label it according to the appropriate request for production so that the requesting party can make sense of the information.
Under the Federal Rules of Civil Procedure (FRCP), parties must produce electronically stored information (ESI) as it was kept in the usual course of business or label it according to the appropriate request for production so that the requesting party can make sense of the information.
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