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Legal Update

New York District Court Decision Impacts Usual-Course-of-Business Option in Document Discovery Production

24 February 2009
Mayer Brown Legal Update
A decision that will be of interest to companies that have invested in reviewing and organizing discovery documents that may be relevant to adversaries or third parties in related cases has recently been issued by Judge Scheindlin of the US District Court for the Southern District of New York. In SEC v. Collins & Aikman Corp., No. 07 Civ. 2419, 2009 WL 94311 (S.D.N.Y. Jan. 13, 2009), the court ruled that discovery respondents may not be permitted to produce an entire litigation database as it is “kept in the usual course of business,” normally one option under Rule 34 of Federal Rules of Civil Procedure, but, rather, must identify and produce particular documents that are responsive to specific document requests.

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