Allied Debt Collection of Virginia, L.L.C. v. Nautica Entertainment, L.L.C.

Citations

• 2019 Ohio 4055

Syllabus

ESI forensic image discovery discrepancy altered email history of noncompliance procedural safeguards protective protocol search terms confidential privilege Bennett v. Martin abuse of discretion. The trial court did not abuse its discretion in compelling the forensic imaging of defendants-appellants' computers where the record demonstrated the discovery of a purportedly altered email chain and a history of noncompliance with the trial court's previous discovery orders. The trial court abused its discretion, however, in failing to establish the proper protocols that would allow plaintiff-appellee sufficient access to recover useful, relevant information while providing the defendants-appellants an opportunity to identify and protect privileged and/or confidential matter. The case is remanded with instructions for the trial court to establish proper protective protocols in its order compelling the forensic imaging of defendants-appellants' computers.