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ARTICLE · 02 JUNE 2016

Back it Up: The Importance Of Managing E-Discovery Throughout The Litigation

Fox Rothschild LLP
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The importance of flagging e-discovery issues before and at the outset of litigation has been the subject of much commentary.

United StatesLitigation, Mediation & Arbitration
Joseph A. McNelis III
Joseph A. McNelis III
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The importance of flagging e-discovery issues before and at the outset of litigation has been the subject of much commentary. However, even for the lawyer and client who properly issue a litigation hold or make an e-discovery plan early on, following through on that plan and ensuring the plan complies with the federal rules are just as important. The motto, "set it and forget it," may sell on Saturday morning infomercials, but it will not satisfy every federal court.

In Bruner v. American Honda Motor Co., No. 1:15-00499-N, 2016 WL 2757401 (S.D. Ala., May 12, 2016), a Magistrate Judge granted plaintiffs' motion to compel the defendant to conduct additional searches for responsive ESI and to issue a litigation hold on the email accounts of certain employees.

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