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In litigations and investigations, e-discovery is a critical component of strategy and fact development. Businesses that give it short shrift do so at their peril. Paul, Weiss has achieved a reputation for unparalleled excellence in litigation and investigations; our e-discovery efforts are an integral part of this success.

Federal E-Discovery: Party Not Unreasonable in Limiting Text Search to Company Devices

June 7, 2022

Litigation partners Chris Boehning and Dan Toal’s latest Federal E-Discovery column, “Party Not Unreasonable in Limiting Text Search to Company Devices,” appeared in the June 7 issue of the New York Law Journal. The authors discuss a recent decision in the Southern District of New York in La Belle v. Barclays Capital that addressed whether a party should be subject to spoliation sanctions for an alleged failure to preserve text messages on both company and personal devices. After weighing the demands of discovery against Barclays’ ESI search efforts and corporate policy prohibiting the use of personal devices for business, the court found that Barclays did not act unreasonably, providing some helpful guidance in this developing area of the law. E-discovery counsel Ross Gotler and e-discovery attorney Lidia Kekis assisted in the preparation of this article.

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