Holland & Knight Prevails in One of the First E-Discovery Decisions In Massachusetts
Holland & Knight lawyers beat back an attempt to compel the production of documents from a client's backup tapes in a case for additional earn out payments brought by former stockholders of a company acquired by the client. The plaintiffs were seeking approximately $15 million under the earn out clause of the parties' stock acquisition agreement. In their motion to compel, the plaintiffs called on the client to restore and search thousands of backup tapes maintained for disaster recovery purposes. After extensive briefing and oral argument, the motion was denied as the plaintiffs failed to show "good cause" to justify the million-dollar cost to restore and search the backup tapes. This is one of the first e-discovery decisions in Massachusetts under the new e-discovery provisions of the Federal Rules of Civil Procedure.
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