Post Process

Everything to do with E-discovery & ESI

Case Blurb: McBride, Distinction made between whether to execute a search and “ability to find” data

Posted by rjbiii on March 10, 2011

[Requesting Party] claims that the defendants violated a government-imposed document preservation order if they are not able to produce [certain] e-mails. It is important to keep separate, and not conflate, two distinct concepts: whether an additional search for certain information should be conducted, and whether or not the inability to find certain information should be sanctioned. The first is a question of interpreting the Federal Rules of Civil Procedure, while the second is a matter of the application of the common law principle of spoliation.

U.S. ex rel McBride v. Halliburton Co., 05-CV-828 (D.D.C Jan. 24, 2011)

Read a case summary here, from Bow Tie Law.

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