The New York state Appeals Court has been active in the e-discovery space over the past few months. In Voom HD Holdings LLC v. EchoStar Satellite LLC the court discusses when the duty to preserve information in advance of actual litigation arises. And in U.S. Bank N.A. v. GreenPoint Mtge. Funding, Inc., the court considers who should bear the cost of electronic discovery.
For a deeper analysis of these two cases, please see a recent article published in the State Bar of Texas Corporate Counsel Section Spring 2012 Newsletter (“An E-Discovery “Twofer”: Recent New York Appeals Court Opinions Clarify State Discovery Rules”).