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Legal Tech: Summer 2019 E-Discovery Case Law Review

By Mike Hamilton

When requesting and preserving data, it can be difficult to know the proper legal balance between "too much," and "too little." Given all the types of data available to litigators, including social media (forget Facebook — how's your Snapchat account looking lately?), many might simply request as much data as they possibly can … and potentially have their motion rejected. While this "Goldilocks zone" for requesting and maintaining case-related data can be somewhat difficult to find, as the defendants in the following three cases from earlier this year discovered, the best advice can be drilled down to three main concepts: Make sure it's specific/relevant to the case, proportional to the amount available, and be sure to preserve your data once litigation becomes reasonably foreseeable.

Specificity Required When Objecting to Discovery Requests

RightChoice Managed Care v. Hospital Partners, Inc. (W.D. Mo. Feb. 1, 2019)

Don't waste the court's time by objecting to discovery requests with boilerplate language. This case reaffirms the fact that courts want specific and tailored responses to discovery requests.

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