O’Donnell/Salvatori Inc. v. Microsoft Corp. (W.D. Wash. 2021)

Key Insight: Plaintiff moved the court to compel defendant to produce all non-privileged documents hitting on the agreed ESI search terms, regardless of whether they were relevant to a claim or defense in the case. Defendant had conducted a relevance review and withheld emails, such as employees joining or leaving the team, technical issues, and buying a new boat. The court denied plaintiff’s motion, finding that although there is little case law on the issue, “the courts that have addressed it have almost uniformly found that a relevance review, and the withholding of irrelevant documents, is appropriate.” Thus, the court ultimately held that “a party’s agreement to run search terms does not waive its right to review the resulting documents for relevance so long as the review can be done in a reasonably timely manner.”

Nature of Case: Copyright Infringement

Electronic Data Involved: Email

Case Summary

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