This update addresses the following recent developments and court decisions involving e-discovery issues:
- A Northern District of Illinois ruling sanctioning a defendant company for failing to conduct an adequate search for relevant documents in a related company’s possession;
- A District of New Jersey decision ordering an adverse inference instruction against the plaintiff for deleting his Facebook account after he had been ordered to make the account available to the defendants;
- A District of Colorado decision imposing sanctions under Federal Rule of Civil Procedure 16(f)(1) for inappropriate conduct by the EEOC that delayed discovery and cost the defendant time and money; and
- A New Jersey federal court decision denying a protective order or cost shifting sought in response to a party’s sixty-seven term search request.