In two recent cases, EBIN New York, Inc. v. SIC Enterprise, Inc., 19-CV-1017 (PKC) (TAM), 2022 WL 4451001 (E.D.N.Y. Sept. 23, 2022) and Red Wolf Energy Trading, LLC v. BIA Capital Management, LLC, No. 19-10119-MLW, 2022 WL 4112081 (D. Mass. Sept. 8, 2022), the parties cited technical difficulties with messaging platforms as a defense for their failure to comply with discovery obligations.
In both cases, the courts declined to accept the purported explanations, concluding that parties are responsible for the challenges presented by their chosen messaging platforms and should take reasonable steps to handle them throughout the e-discovery process.
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