Key Insight: Court ordered cost-shifting (50/50) where plaintiff sought information about Verizon’s past and present customers even though material was not “inaccessible” under Zubulake analysis, since data was available in Verizon’s computer databases or archives
Nature of Case: Breach of contract and related claims
Electronic Data Involved: Computerized customer data
Key Insight: Court ordered defendant to produce to plaintiff information in the possession of a third party storage facility, with each side paying one-half of the charges billed by the third party for retrieving the information; court further ruled that the prevailing party would be entitled to recover from the losing party its share of the costs associated with retrieval of the information
Nature of Case: FLSA claim
Electronic Data Involved: Electronic documents
Key Insight: Applying Zubulake balancing test, court ordered parties to share equally the cost of extracting source code from defendant’s database; however, defendant solely to bear cost of copying source code for production once it is extracted
Nature of Case: Infringement action
Electronic Data Involved: Source code
Key Insight: Requiring defendant to bear expense of identifying class members was abuse of discretion where cost of effort (over $16,000), which included manually sorting records, keypunching and creating software programs, would be same for plaintiff and no special circumstances existed
Nature of Case: Securities fraud class action
Electronic Data Involved: Computer tapes
Key Insight: Court granted motion to compel access to database constituting fact work product, where requesting party demonstrated (1) substantial need for the information and (2) undue hardship were it required to compile a similar database from scratch; however, requesting party would have to contribute its fair share toward the expenses incurred in compiling the database
Nature of Case: Class action for civil rights violations
Electronic Data Involved: Database compiled at direction of plaintiffs’ attorneys
Key Insight: Court clarified its July 7, 2004 order and explained how it intended the costs of compiling the database would be calculated: the number of hours plaintiffs’ computer expert and the paralegals spent on the project, multiplied by their respective hourly billing rates, plus other costs, if any; court quashed defendants’ discovery requests seeking information regarding the salaries paid to computer expert and the paralegals
Nature of Case: Class action for civil rights violations
Electronic Data Involved: Database compiled at direction of plaintiffs’ attorneys
Key Insight: Court rejected insurers’ contentions that requested discovery was impossible insofar as they were grounded in the particular manner in which defendants maintain their records and computer systems; cost of discovery to be borne by insurers, but plaintiffs to pay costs of copying documents selected
Nature of Case: Declaratory judgment re insurance coverage
Electronic Data Involved: Insurance information from claim files
Key Insight: District judge upheld magistrate’s decision
Nature of Case: Concert promoters sued booking agencies and other promoters for discriminatory and anti-competitive practices
Electronic Data Involved: Email stored on backup tapes and hard drives
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