This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues:
- a Federal Court of Claims decision granting, over the government’s strenuous objection, plaintiffs’ motion to compel the “quick peek” production under Fed. R. Evid. 502(d) of approximately 1,500 documents withheld by the government defendant as privileged pursuant to the bank authorization and deliberative process privileges
- a Southern District of New York decision finding that plaintiffs were entitled to an adverse inference with respect to unpreserved text messages exchanged between a screenwriter and a former member of the rock band Lynyrd Skynyrd
- a District of Columbia District Court decision invoking the court’s inherent authority in awarding an adverse inference against a defendant for failure to preserve electronically stored information in violation of a regulatory duty after concluding that Rule 37(e) sanctions were inapplicable because the documents had not been destroyed in anticipation of litigation
- a Western District of Washington decision applying proportionality standards in addressing whether a party’s method of production can be a contract breach and resolving disputes regarding the relevance of prior contractual relationships and a party’s control over documents held by its corporate parent
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