http://ow.ly/7rsko
An article by Drew Manary posted on the ELLBlog.com website.
This article discusses a recent case Radian Asset Assurance, Inc. v. College of Christian Brothers of New Mexico (2010).
The article states that the lesson learned from this case is as follows, "If a defendant is compelled to produce unreviewed ESI, defendant shall have to pay for production but plaintiff shall pay for review. Additionally, if privileged information is transferred inadvertently from defendant to plaintiff, the defendant has burden of proving the information was privileged."
The article discusses 5 separate objections that were raised to the production requests involved in this litigation. The article provides information regarding each of the disputes raises, one of which was in regard to Federal Rule of Evidence 502, and the protections of privileged information that is afforded by that rule. The other issues dealt with rulings related to format of production, cost-shifting, and the accessibility of the data in question. The case involved the production and searches required to sort through evidence contained on 135 Hard Drives and 52 backup tapes.
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