Archive: September 5, 2017

1
Court: Production of Hard Copy Versions of Documents Also Kept As ESI Does Not “Run Afoul” of Rule 34
2
3
Bouchard v. U.S. Tennis Association (E.D.N.Y., 2017)

Court: Production of Hard Copy Versions of Documents Also Kept As ESI Does Not “Run Afoul” of Rule 34

Ortega v. Mgmt. & Training Corp., NO. 16-cv-0665 MV/SMV, 2017 WL 3588818 (D.N.M. Jan. 1, 2017)

In this case, Plaintiff sought to compel native/electronic production of documents previously produced in hard copy. Defendant claimed that the documents in question were “ordinarily kept by Defendant both electronically and in hard copy” and produced only the hard copy format.  The court found that Defendant’s production did not “run afoul of Rule 34.”

Read More

Bouchard v. U.S. Tennis Association (E.D.N.Y., 2017)

Key Insight: Whether sanctions appropriate following defendants’ destruction of recordings, litigation hold

Nature of Case: personal injury

Electronic Data Involved: Video recordings

Keywords: spoliation, intent to deprive, adverse inference, prejudice

View Case Opinion

Copyright © 2021, K&L Gates LLP. All Rights Reserved.