GenOn Mid-Atlantic LLC
It should come as no surprise that the Rule 34 analysis is a highly factual one, with a focus on the relationship between the company and the third party. Here are some indicia a court might consider.
The company must identify those custodians who are likely to have relevant information to ensure that their hard copy and electronic files are preserved.
E-discovery: GCs must consider the obligation to preserve electronic documents maintained by third parties
The court next found that the plaintiff had a culpable state of mind sufficient to enter sanctions because the plaintiff knew early on that litigation was likely, or at least anticipated.
Courts can protect companies from unfair taxation; employers' SOX whistleblower defenses strengthened; decisions hinder plaintiffs surviving motions to dismiss; third-party insurers can be sued under ERISA.