ARCHIVED CONTENT
You are viewing ARCHIVED CONTENT released online between 1 April 2010 and 24 August 2018 or content that has been selectively archived and is no longer active. Content in this archive is NOT UPDATED, and links may not function.E-Discovery Update from Sidley
This update addresses the following recent developments and court decisions involving e-discovery issues:
- A U.S. Supreme Court decision ruling that the Sarbanes-Oxley Act’s criminal prohibition on the alteration, destruction or falsification of a “tangible object” is limited to objects associated with the recording or preservation of information;
- A Nebraska federal court order rejecting plaintiffs’ motion to show cause regarding defendants’ failure to produce documents, stating that discovery requires only reasonableness, not perfection;
- An Eastern District of Virginia decision finding that plaintiffs had failed to produce relevant electronic social media in a timely manner but concluding that the amount plaintiffs spent on an e-discovery expert to collect and produce the media was proportional to the harm to defendants and thus a sufficient sanction under the circumstances; and
- A New Jersey federal court decision granting plaintiffs’ motions to compel the production of metadata for certain of defendant’s documents despite the existence of a discovery agreement not to require the production of metadata.
Read the original article at: July Edition of Notable Cases and Events in E-Discovery