Bailey v. Brookdale Univ. Hosp. Med. Ctr. (E.D.N.Y., 2017)

Key Insight: accessibility of data, whether counsel had meaningful discussions with his client regarding the ESI agreement, whether the meet-and-confer was meaningful

Nature of Case: employment discrimination

Electronic Data Involved: e-mail

Keywords: cost shifting, ESI agreement, meaningful negotiation, meet-and-confer, undue burden or expense

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