Demonstrating Sufficient Specificity that a Party Conducted a Reasonable Inquiry

Electronically Stored Information has progressed beyond email messages in lawsuits. In a multi-vehicle accident involving a UPS truck, the Plaintiff sought ESI including daily reports of the driver. These reports were listed in an interrogatory response and the Plaintiff claimed the Defendant had a duty to preserve them. Merriweather v.[…]

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Parties Can’t Pick and Choose What’s Privileged or Not

Electronically Stored Information (ESI) is far more than communications sent between parties; a party’s investigators can also create ESI. In a lawsuit brought by PETA against at a zoo for the treatment of animals under the Endangered Species Act, the Defendants sought photos and videos surreptitiously recorded, and related investigatory[…]

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