Federal Rules of Civil Procedure Rule 26(b)(2)(B)
In Hawa v. Coatesville Area Sch. Dist., employment discrimination lawsuit, the court denied the defendant cost-shifting for making ESI searchable
Parties That Choose Poor Retention Schemes Must Bear the Burden of Restoring Backup Tapes and Producing E-Mails
Party ordered to produce emails from haphazardly maintained backup system and bear the cost because any inaccessibility was due to malfeasance.