Cooperation in e-discovery is not just an altruistic goal, but is required under New York’s Commercial Division rules.1 A Commercial Division decision expressly addressed the need to hold a “meet and confer” and to use a person knowledgeable about a client’s computer systems in connection with such meeting in an attempt to work through an e-discovery dispute, and another decision highlighted counsel cooperatively working together to resolve a social media e-discovery dispute.
As reported,2 courts will require the production of social media discovery. However, the movant seeking it needs to establish its actual existence and not speculate about it. A court will require the movant to demonstrate that the social media sought is material and necessary before it will consider ordering its production over alleged privacy concerns.
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