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March 08, 2012

'Zubulake' Gains More Traction in New York Courts

Nys_1st_dept400New York's Appellate Division, 1st Department, again embraced the standards set out in Zubulake in its second major ruling in a month on e-discovery, write Marshall H. Fishman and Dana L. Post in "N.Y. Appellate Division Continues to Press 'Zubulake' EDD Standard."

In GreenPoint, the appeals court held that the producing party should "bear the cost of the searching for, retrieving, and producing documents, including electronically stored information." But it additionally held that lower courts may permit cost-shifting according to the seven factors stated in Zubulake.

The Greenpoint ruling -- in addition to Voom -- would appear to add weight to arguments that Federal standards should govern when it comes to unresolved e-discovery issues under New York law.

Image by Beyond My Ken

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