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No Mention of Metadata Means EEOC Not Entitled to All Metadata, Court Rules: eDiscovery Case Law

In EEOC v. Alto Ingredients, Inc., Illinois Magistrate Judge Ronald L. Hanna ruled (among other rulings) that “[s]ince the EEOC’s original request made no mention of metadata, Alto’s only obligation under Rule 34 is to produce responsive documents in their native form, as they are kept in the usual course of business”, not all metadata associated with electronic…

by Doug Austin

Privilege Log May Be Admissible, Court Rules: eDiscovery Case Law

In CareFirst of Md., Inc. v. Johnson & Johnson, Virginia District Judge Jamar K. Walker ruled that certain “uses of J&J’s privilege log may be admissible subject to CareFirst laying a proper foundation as to the meaning of the metadata fields”, while also ruling that other “uses of the privilege log and/or metadata are inadmissible”.

by Doug Austin

Select Up to 20 Documents for In Camera Review, Court Orders: eDiscovery Case Law

In Felder v. Warner Bros. Discovery, Inc., while finding that “Felder has not demonstrated that WBD improperly withheld or redacted any documents”, New York Magistrate Judge Gary Stein instructed Felder to “select up to 20 documents from WBD’s privilege logs for in camera review” “to assess whether WBD has properly implemented the Court’s rulings”.

by Doug Austin

Personal Email Data on Company Laptop Is Private, Court Rules: eDiscovery Case Law

In Lim v. Expel, Inc., California Magistrate Judge Allison H. Goddard granted the plaintiff’s motion for protective order in part, preventing the review and disclosure of personal email data that was stored on the company laptop that she used while employed by Defendant Expel and ordering Expel and their forensic consultant (Control Risks) to delete…

by Doug Austin

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