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Focus is dedicated to noteworthy developments in the law of e-discovery. It features expanded case summaries along with discussion of decisions' impact and related practice tips.


"Zubulake IV"  |  Zubulake v. UBS Warburg LLC, 2003 U.S. Dist. LEXIS 12643 (S.D.N.Y. October 22, 2003).
Court considers the scope of a litigant's duty to preserve electronic documents (particularly backup tapes) and the consequences of a failure to preserve documents that fall within the scope of that duty in the fourth in a series of opinions issued resolving discovery disputes.

In re Ford Motor Company, 2003 U.S. App. LEXIS 19531 (Sept. 22, 2003).
Appellate court vacates discovery order, rules that plaintiff is not entitled to direct access to defendant's computer databases without factual finding of non-compliance in discovery by defendant.

"Zubulake III"  |  Zubulake v. UBS Warburg LLC, 2003 U.S. Dist. LEXIS 12643 (S.D.N.Y. July 24, 2003).
Follow up decision to Zubulake I, extending court's analysis of cost-shifting in cases involving information from backup tapes or other "inaccessible" data.

"Zubulake I"  |  Zubulake v. UBS Warburg LLC, 2003 U.S. Dist. LEXIS 1077 (S.D.N.Y. May 13, 2003).
Court considers the extent to which "inaccessible" electronic data is discoverable, and who should pay for its production. Three-step analysis established for deciding disputes regarding the scope and cost of electronic discovery.

Metropolitan Opera Ass'n v. Local 100, Hotel Empl. & Rest. Empl. Int'l Union, 2003 U.S. Dist. LEXIS 1077 (S.D.N.Y. Jan. 28, 2003).
Court granted motion for judgment against defendant due to party’s failure to comply with discovery rules. Attorneys failed to meet obligations to search for and produce all relevant information, including email and other documents contained on client’s computer systems.

Residential Funding Corp. v. DeGeorge Fin. Corp., 306 F.3d 99 (2nd Cir. Oct. 2002).
Sanctions for negligence in failing to produce electronic information, including information from backup tapes.

In re Bristol-Myers Squibb Securities Litigation, 2002 U.S. Dist. LEXIS 13808 (D.N.J.).
Court declines to enforce requesting party's agreement to pay per-page copy costs where producing party failed to disclose that documents were available in electronic form.
New ABA E-Discovery Resource on FRCP Amendments
The Discovery Revolution: E-Discovery Amendments to the Federal Rules of Civil Procedure The Discovery Revolution: E-Discovery Amendments to the Federal Rules of Civil Procedure, by Lewis and Roca LLP partner George L. Paul, Esq. and J.H. Cohn LLP director of IT security auditing Bruce H. Nearon, CPA. Order your copy from the ABA today...
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The information contained herein is not intended to provide legal or other professional advice. Applied Discovery encourages you to conduct thorough research on the subject of electronic discovery.