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Editor Bio
Gregg Mayer is a journalist and lawyer with a keen interest in the rapidly evolving world of e-Discovery. Gregg has published numerous articles, including writing for law journals and the American Bar Association. Gregg served as editor-in-chief of the Mississippi Law Journal. Before practicing law, Gregg worked as a newspaper reporter for six years.
All Relevant Employee ESI Must Be Disclosed
Posted by Gregg Mayer on Friday, April 18th, 2008
As recently discussed on CIOLaw.org , when a litigation hold is triggered, it affects not only the email of a CEO of a company, but also all of the email and other ESI for relevant employees.
This same principle holds true for initial disclosures of ESI at the forefront of litigation, as discussed in the 2007 case of Metro Wastewater Reclamation District v. Alfa Laval, Inc.
In this case, Alfa wanted to see all of the electronic files related to the plaintiff’s employees who worked on a project related to the litigation. The plaintiff complained that the request was “irrelevant, overly broad, overly burdensome, and costly.” In other words, not every employees’ ESI was necessary.
The court disagreed and required the disclosure of all the employees’ ESI. The Federal Rules of Civil Procedure favor a broad discovery of information, the court noted.
Consequently, not only did the plaintiff have to disclose all of the employees’ ESI, it had to pay for its retrieval. This can be a costly venture for an ill-prepared company.
Posted in: Electronically Stored Information | Federal Rules of Civil Procedure
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