Burden vs. benefit – Court weighs in on inaccessible ESI
Abstract: Attorneys increasingly face discovery requests for massive amounts of electronically stored information (ESI). Litigation parties generally aren’t required to produce ESI that isn’t “reasonably accessible,” but courts can nonetheless order production on a showing of good cause by the requesting party. When a defendant in one case complained that meeting the plaintiff’s request for archived e-mails would involve poring over 2,500 tapes at a cost of $1.5 million, the court relied on a Federal Rule of Civil Procedure to determine whether the plaintiff had good cause to order discovery. A sidebar discusses this court’s order regarding the discoverability of attorneys’ litigation hold letters.