Magazine article Information Management

Employee Self-Selection of E-Mails Satisfies Discovery Obligations

Magazine article Information Management

Employee Self-Selection of E-Mails Satisfies Discovery Obligations

Article excerpt

The National Law Review reports that a federal court in an employment discrimination case has held that an employee's self-selection of e-mail messages for the purposes of discovery was appropriate.

In Mirmina v Genpact, LLC, Civil Action No. 3:16-CV-00614 (D. Conn. July 27, 2017), the court denied the plaintiff's motion to compel discovery, finding the self-selection was appropriate under the circumstances, though the employee was involved in the litigation.

The plaintiff had sought to compel the defendant to conduct further searches for electronically stored information (ESI), expressing concern that the defendant could be withholding relevant documents from the initial discovery protocol.

In response, the defense argued that it issued a timely, detailed litigation hold to custodians of ESI, instructed ESI custodians on the nature and parameters of the searches, explained the importance of a thorough search, and gave guidance when questions arose. …

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