Recent Judge Scheindlin Opinion Again Charts New eDiscovery Ground

February 17, 2011
The costs and burdens associated with production of electronic documents may be increased by a recent decision by an influential federal judge in the Southern District of New York. In a case involving a request for records under the Freedom of Information Act, Judge Shira A. Scheindlin suggested that minimal satisfaction of discovery obligations could require production of certain “metadata” information that commonly forms part of an electronic record beyond the mere surface appearance and text of the document. This update examines the decision, which could have a significant impact on the e-discovery obligations of both private litigants and government agencies.