Federal Housing Finance Agency v. HSBC North America Holdings

2014 WL 584300 (2014)

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Federal Housing Finance Agency v. HSBC North America Holdings

United States District Court for the Southern District of New York
2014 WL 584300 (2014)

RW

Facts

The Federal Housing Finance Agency (agency) (plaintiff) sued HSBC North America Holdings Inc. and other banks (defendants) in a New York federal court. The parties had earlier engaged in similar litigation before a California federal court. The electronic-discovery (e-discovery) phase of each case required the agency to produce massive amounts of electronically stored information (ESI). On both occasions, the agency used predictive coding, part of the toolbox of innovative search techniques known as technology-assisted review (TAR), to identify the ESI it needed to produce. However, during the New York case’s e-discovery phase, the agency overlooked a custodian whose ESI the agency had reviewed for the California case. Long after the New York case’s e-discovery phase had ended, the banks moved to introduce ESI from the California case, which the banks contended would show that the agency had violated the New York court’s e-discovery order. The New York court denied the motion. The banks moved for reconsideration.

Rule of Law

Issue

Holding and Reasoning (Cote, J.)

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