April's Notable Cases and Events in E-Discovery

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This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues:

  1. a U.S. District Court for the Western District of Kentucky ruling allowing defendants to obtain information from plaintiff’s social media but limiting such production to matters relating to the accident at issue, plaintiff’s emotional state and injuries, and level of activities prior to the accident
  2. a U.S. District Court for the Northern District of Florida opinion rejecting plaintiffs’ theory that industrywide events could trigger document retention obligations in denying plaintiffs’ spoliation motion based on defendant’s disposal of 2002-06 emails after a 60-day retention period
  3. a U.S. District Court for the Middle District of Florida decision overruling defendants’ burden objections after plaintiff introduced expert declarations challenging defendants’ estimates of the time and cost of complying with discovery requests
  4. a U.S. District Court for the Southern District of New York case ordering an adverse inference instruction and awarding attorney’s fees after concluding that defendants had intentionally spoliated evidence by running “cleaning” software on computers, deleting relevant text messages and failing to preserve the contents of a computer from the office of one of the defendants

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