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Firm Memoranda

U.S. Bank National Association v. Greenpoint Mortgage Funding, Inc.: First Department Holds That Producing Party Is Responsible for Cost of Production

Date: 03/01/12

On February 28, 2012, the New York State Supreme Court, Appellate Division for the First Department issued a decision in U.S. Bank National Association v. GreenPoint Mortgage Funding, Inc., adopting standards generally governing electronic discovery in federal court - i.e., the general rule articulated in Zubulake v. UBS Warburg LLC that the producing party is to bear the cost of searching for, retrieving and producing documents - including electronically stored information ("ESI") - in response to discovery requests. Consistent with the Zubulake opinion, the court also permitted the shifting of costs between the parties at the trial court's discretion, upon proper motion by the producing party.

CGR Memo - First Department Holds that Producing Party is Responsible for Cost of Production.pdf (pdf | 147.38 KB )