Court Compels Production of ESI for a Period of 18 Years, Shifts Majority of Costs to Requesting Party : Electronic Discovery Law

Takeda Pharm. Co., Ltd. v. Teva Pharm. USA, Inc., 2010 WL 2640492 (D. Del. June 21, 2010)

Defendants sought production of electronically stored information for a period of 18 years – a significant departure from the default period of five years previously imposed.  Upon plaintiffs’ showing that retrieval of the additional data by a vendor would cost approximately $1 million to $1.5 million (not including the cost of review), the court found the information was “not reasonably accessible”.  However, the court also found that defendants had shown good cause to compel the requested production.

via Court Compels Production of ESI for a Period of 18 Years, Shifts Majority of Costs to Requesting Party : Electronic Discovery Law.