Lesser Included Emails in Threads Must Be Produced, Court Rules: eDiscovery Case Law

In the case In re Actos End Payor Antitrust Litig., New York Magistrate Judge Stewart D. Aaron, observing that “Takeda’s exclusion of lesser included emails from production has resulted in the exclusion of the metadata associated with earlier emails in a chain”, ordered Takeda to produce “all responsive ESI to Plaintiffs, including earlier-in-time emails”. He also ordered the parties to meet and confer on privilege logs, related to the email threading issue.