The Electronic Discovery Blog of K & L Gates has an informative post on a recent electronic discovery decision out of the Northern District of Georgia.
Lessons from this decision:
- DIscovery requests for emails should be relevent, specific and limited by time, sender and recipient.
- Following a written document retention and destruction schedule can prevent spoilation sanctions.
- Plaintiffs should request company-wide email perservation and not rely solely on the fact litigation has commenced. Requests should also include the names of individuals from whom you want the emails.
- If the costs of retrieving emails on backup tapes are too high, judges are reluctant to order production.
Read the entire decision here.