Electronic data discovery has been a growing burden for corporate defendants for years. Thanks to a recent court ruling against several federal agencies, the government is finding out just how difficult it can be to cough up every little piece of electronically stored information and some e-discovery experts think that’s a good thing.
The ruling came in a case that the National Day Laborer Organizing Network (NDLON), along with the Center for Constitutional Rights and the Immigration Justice Clinic of the Benjamin N. Cardozo School of Law at Yeshiva University, brought against the Immigration and Customs Enforcement agency (ICE). Represented pro bono by Mayer Brown, NDLON filed a Freedom of Information Act request in 2010 for documents on ICE’s controversial Secure Communities initiative, which calls on local jurisdictions to send fingerprints of all arrestees to the U.S. Department of Homeland Security to be checked for immigration status.
