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Federal E-Discovery: Clone Discovery Must Meet Relevance, Proportionality, Particularity Requirements
June 4, 2024
Litigation partners Chris Boehning and Dan Toal’s latest Federal E-Discovery column, “Clone Discovery Must Meet Relevance, Proportionality, Particularity Requirements,” appeared in the June 4 issue of the New York Law Journal. The authors discuss a recent decision by the Southern District of New York in United States v. Anthem in response to a request by Anthem for clone discovery—the reproduction of document productions from a prior matter to a different party in a new, related matter. Taking account of the procedural complexity of clone discovery and the relevance, proportionality and particularity requirements of discovery under the Federal Rules of Civil Procedure, the court offered a middle-ground approach that balances the burdens and benefits of sharing such data. Deputy chair and counsel, e-discovery, Ross Gotler assisted in the preparation of this article.