Understanding where your information lives and the the information governance policies and procedures in place within your organization are ciritical to successfyl arguments for cost shifting and cost sharing. Discovery requests may include email, databases, voicemail, instant messaging systems and other proprietary applications. These systems are rapidly evolving and do not represent the same burden for all companies when making arguments for cost shifting. Implementing legal holds or producing records from traditional voicemail systems take considerable time and money; newer unified messaging systems often make responding to the same request relatively easy. Similarly, restoring records from traditional tape backup systems can be time and cost intensive; near-line storage is, by contrast, does not present the same challenges.

• AAB Joint Venture v. United States, 75 Fed. Cl. 432 (Fed. Cl. 2007)
• Aebischer v. Stryker Corp., 2006 U.S. Dist. LEXIS 87810 (C.D. Ill. Dec. 5,2006)
• Apsley v. Boeing Co., 2007 U.S. Dist. LEXIS 5144 (D. Kan. Jan. 17, 2007)
• Guy Chemical Co. Inc. v. Romaco AG, et al. 2007 WL 1521468 (N.D. Ind. May 22, 2007).
• Haka v. Lincoln County, 2007 U.S. Dist. LEXIS 64480 (W.D. Wis. Aug. 29, 2007)
• In re Vecco Instruments. Inc. Securities Litigation, 2007 WL 983987 (S.D. N.Y. April 2, 2007).
• John B. v. Goetz, 2007WL 3012808 (M.D. Tenn. Oct. 10, 2007).
• Peskoff v. Faber, 2007 WL 530096 (D.D.C. Feb. 21, 2007).
• Pipefitters Local No. 636 Pension Fund v. Mercer Human Res. Consulting, Inc., 2007 WL 2080365 (E.D. Mich. July 19, 2007).
• Zubulake v. UBS Warburg, 217 F.R.D. 309 (S.D.N.Y. 2003)

How Fios can Help

Fios has experience in productions from a wide variety of sources and systems, and can help you accurately identify the burdens to responding to these requests.

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