BABC eDiscovery Newsletter - April 2013

In this issue:

- The Firm’s Ediscovery Team Attorneys

- Case Insights

- Editor’s Corner

- Excerpt from Peerless Industries, Inc. v. Crimson Av, LLC, Case No. 1:11-cv-1768, 2013 U.S. Dist. LEXIS 2985 (N.D. Ill. Jan. 8, 2013):

The district court sanctioned the defendants, Crimson AV, LLC and its managing director, for failing to produce relevant documents and electronically stored information (ESI) within the possession and control of an affiliated company, Sycamore Manufacturing Co., Ltd., which was not a party to the lawsuit. The plaintiff, Peerless Industries, Inc., asserted that most of the documents and ESI relevant to Peerless’ claims against the defendants were located on Sycamore’s servers and in Sycamore’s files. Accordingly, pursuant to Rule 34 of the Federal Rules of Civil Procedure, Peerless filed a request to deem documents in the possession and control of Sycamore within the possession and control of the defendants. The district court, in granting Peerless’ request, concluded that because the president of Sycamore was a principal of both Crimson and Sycamore and exercised a considerable amount of financial and managerial control over both companies, Crimson was deemed to be in control of the relevant Sycamore documents and information and therefore was able to obtain the relevant documents from Sycamore.

Please see full newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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