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ARTICLE · 19 NOVEMBER 2021

Octobers Notable Cases And Events In E-Discovery

In the prior proceeding, Chief Judge Robinson had also addressed the existence of the specific logging metadata ESI at issue in the instant case.

United StatesLitigation, Mediation & Arbitration

This Sidley Update addresses the following recent developments and court decisions involving e-discovery issues:

  1. a ruling from the U.S. District Court for the District of Kansas denying the petitioners' motion for spoliation sanctions against the government for deletion of metadata from two hard drives that government employees had reformatted, because the petitioners failed to establish that the metadata actually existed on the hard drives prior to the deletion of data as a result of the reformatting
  2. an order from the U.S. District Court for the Eastern District of Missouri denying the plaintiffs' motion to compel the defendant to re-produce all of its document productions with additional metadata, because the parties had not agreed to a protocol requiring that such metadata be produced and the plaintiffs had not specified the format for production in its document requests to include such metadata

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