Lessons in Reasonable Preservation of Electronically Stored Information

Determining the scope of discovery is of critical importance for defining a party’s duty to preserve duty. Parties legitimately can fight over whether one party’s preservation strategy is too narrow. Magistrate Judge Erin Wilder-Doomes decided this issue in a securities and unfair trade practices case in Louisiana arising from a[…]

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Lessons in Producing 4.2 Million Search Term Hits All Designated Attorney-Eyes Only

Discovery requires thoughtful planning on how to search for electronically stored information, conferring with the opposing party on search methodologies, and following stipulations on designating ESI as Attorney-Eyes Only (AEO). The Plaintiffs in Youngevity Int’l Corp. v. Smith produced 4.2 million search term hits, designated them all AEO, and failed to[…]

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