Federal Housing Finance Agency v. HSBC North America Holdings
United States District Court for the Southern District of New York
2014 WL 584300 (2014)
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.)
What to do next…
Here's why 709,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,500 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
