A Guide To E-Discovery In Calif. Employment Bias Cases

Law360 (October 29, 2019, 5:00 PM EDT) -- This article provides guidance to employers’ attorneys who need to produce e-discovery in single-plaintiff employment discrimination cases brought under California’s Fair Employment and Housing Act.[1]

Introduction

The Electronic Discovery Act became law in California on June 29, 2009. Its purpose was to eliminate uncertainty and confusion regarding the discovery of electronically stored information. ESI is broadly defined as information that is stored in an electronic medium.[2] Common examples of ESI include emails, computer files, Microsoft Word and Excel documents, and electronic images.

Any party may obtain ESI discovery by "inspecting, copying, testing, or sampling" ESI that is in the possession, custody or...

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