This update addresses the following recent developments and court decisions involving e-discovery issues:
- A Western District of New York decision refusing to require defendants to meet with the plaintiffs on a predictive-coding protocol, finding that defendants were prepared to meet after resolution of a conflict issue involving plaintiffs’ predictive-coding consultant;
- A Fourth Circuit case rejecting defendant’s claim that ESI processing fees were taxable under 28 U.S.C. § 1920(4) as “fees for exemplification” or “making copies” and limiting a fee award to the costs of converting files to noneditable formats and transferring files onto CDs; and
- A Northern District of Illinois decision imposing an adverse inference jury instruction as a sanction for the defendant’s failure to preserve relevant data after the defendant learned that the plaintiff intended to sue.