Practical Ediscovery - Intriguing discussions by attorneys on trends in
electronic discovery
Plaintiff sued her former employer for violation of the Family and Medical
Leave Act. She requested defendant produce emails from 2007 and 2008
concerning her FMLA leave and termination. Defendant produced only those
emails that someone had printed out and which had not been deleted under
defendant’s email retention policy. Plaintiff moved to compel defendant to
restore backup tapes to get the deleted email messages. The court denied
the motion, based on proportionality.
http://bit.ly/sPmyz8
Source:
http://blog.hinshawlaw.com/practicalediscovery/2011/11/09/requiring-defendant-to-restore-backup-tapes-would-have-violated-proportionality-standard/
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