N.Y. Appellate Division Continues to Press 'Zubulake' EDD Standard

http://ow.ly/9x2VL

An article by Marshall H. Fishman and Dana L. Post posted on law.com on the LTN webpage.

This article looks at recent New York State Appellate Division decisions that uphold eDiscovery requirements set forth in the well document Zubulake litigation.

The article states,

"In U.S. Bank v. GreenPoint Mortgage Funding, Inc., the First Department held that the producing party should bear the initial costs of "searching for, retrieving and producing discovery," but that lower courts may permit cost shifting based on the factors set forth in Zubulake, described below."  A footnote is provided in the article.

In addition, the article goes on to mention the cost shifting factors of the Zubulake case, which were referenced in the GreenPoint matter, "The court did, however, rule that the lower court had the discretion under CPLR Article 31 to order cost shifting between the parties by considering the following seven factors set forth in Zubulake:

(1) [t]he extent to which the request is specifically tailored to discover relevant information;
(2) [t]he availability of such information from other sources;
(3)[t]he total cost of production, compared to the amount in controversy;
(4) [t]he total cost of production, compared to the resources available to each party;
(5) [t]he relative ability of each party to control costs and its incentive to do so;
(6) [t]he importance of the issues at stake in the litigation; and
(7) [t]he relative benefits to the parties of obtaining the information."