Archive - July 2, 2020

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Equal Employment Opportunity Commission v. M1 5100 Corporation (E.D. Fla. 2020)
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Equal Employment Opportunity Commission v. M1 5100 Corp., d/b/a Jumbo Supermarket, Inc. (S.D. Fl. , 2020)

Equal Employment Opportunity Commission v. M1 5100 Corporation (E.D. Fla. 2020)

Key Insight: Counsel has a duty to oversee their clients’ collection of information and documents during the discovery process, especially when ESI is involved. Here, counsel failed to adequately supervise the ESI collection process. Counsel had no knowledge of the search efforts or process taken by Defendant is its discovery collection. Ultimately, the Defendant was given a final opportunity to produce responsive discovery. The parties were ordered to attempt to come to an agreement regarding and ESI protocol that included relevant data sources, custodians, and search terms.

Nature of Case: Employment Discrimination

Electronic Data Involved: Electronic Documents Generally

Case Summary

Equal Employment Opportunity Commission v. M1 5100 Corp., d/b/a Jumbo Supermarket, Inc. (S.D. Fl. , 2020)

Key Insight: Defendant “self-collected” without involvement of counsel. Court gave defendant one last chance to produce as 5 months remained in discovery, with active involvement of counsel.

Nature of Case: Age discrimination

Electronic Data Involved: Various ESI

Keywords: certification, party collection

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