Technical Challenges Are No Excuse For Discovery Failures

New York Law Journal

Lauren E. Aguiar Sophie T. Nguyen

Partner Lauren Aguiar and associates Grace Manning and Sophie Nguyen look at two recent cases in which parties cited technical difficulties with messaging platforms as a defense for their failure to comply with discovery obligations. In both cases, the courts did not accept the purported explanations. Lauren, Grace and Sophie discuss the cautionary nature of these outcomes and how the rulings suggest that parties will be increasingly held responsible for the e-discovery challenges that their chosen technologies present.