Court Rules that State Agency is Not Responsible for Emails Deleted via the Retention Policy of Another State Agency: eDiscovery Case Law

By Doug Austin

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In Wandering Dago, Inc. v. N.Y. State Office of Gen. Servs., No. 1:13-CV-1053 (MAD/RFT), (N.D.N.Y. May 29, 2015), New York Magistrate Judge Randolph F. Treece denied the plaintiff’s request for sanctions, stating that “that neither the individual Defendants nor their Attorney had a duty to preserve” the emails of the Deputy Secretary of Gaming and Racing to the President of the New York Racing Authority (“NYRA”).

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Case Background

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In this First Amendment case where the plaintiff…

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Author

  • Doug Austin

    Doug Austin is the editor and founder of eDiscovery Today and an EDRM Global Advisory Council Leader. Doug is an established eDiscovery thought leader with over 30 years of experience providing eDiscovery best practices, legal technology consulting and technical project management services to numerous commercial and government clients. Doug has published a daily blog since 2010 and has written numerous articles and white papers. He has received the JD Supra Readers Choice Award as the Top eDiscovery Author for 2017 and 2018 and a JD Supra Readers Choice Award as a Top Cybersecurity Author for 2019.

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