E-Discovery

E-Discovery

Bentley Motors had continuously ignored court orders requiring the production of documents, including e-mail (see January, 2008). In the middle of trial (during a one-week recess) the court granted our request to allow me to travel to Bentley’s headquarters (in Michigan) to personally investigate their e-mail server for two days in an effort to locate relevant material. We also took a deposition during that time which revealed further non-compliance with the court’s discovery orders. The Judge took the unusual step of telling the jury, in the middle of trial (not just in jury instructions at the end) that Bentley had failed to comply with his orders regarding discovery.