A case does not have to involve complex commercial litigation or
technical patent disputes to create serious electronic discovery
problems. An excellent example of just how messy e-Discovery can
get, even with age-old claims, is found in Cannata, et al. v.
Wyndham Worldwide Corp., et al.. There, employee plaintiffs
brought claims against employer defendants, alleging sexual
discrimination, sexual harassment, hostile work environment,
constructive discharge, and retaliation. In an order issued
February 17, 2012, Magistrate Judge Cam Ferenbach of the United
States District Court of Nevada took charge of an ongoing ESI
back-and-forth between plaintiffs and defendants in this case.
Over the course of the litigation, plaintiffs sought to broaden
the scope of e-Discovery by increasing the number of search terms
and custodians, while the defendants insisted on strictly adhering
to a prior court order requiring narrow search terms. The prior
order permitted only 10 search
