In CMPC USA, Inc. v. GWSI, Inc., the U.S. District Court for the Eastern District of Pennsylvania addressed a series of late-stage discovery disputes centered on the authenticity of competing versions of a key agreement and the scope of forensic discovery. The court granted in part a motion to compel, finding that certain categories of electronically stored information, including Google Workspace activity logs, version histories, and audit logs, were not duplicative of traditional document metadata and were relevant to determining document provenance and authenticity. The court emphasized that broader system-level records may provide critical context beyond static document metadata, particularly where the origin and modification history of disputed documents is central to the case.
The court also addressed requests for forensic imaging and device-level discovery, concluding that such measures were warranted where potentially relevant ESI had been lost or was incomplete. Applying Rule 37(e), the court permitted targeted forensic imaging as a curative measure, noting that missing metadata associated with a key email attachment could not be fully replaced by copies produced from another party. At the same time, the court declined to immediately compel certain additional collections where factual disputes remained regarding the completeness of prior productions, instead allowing limited Rule 30(b)(6) depositions to explore collection and production efforts.
In addition, the court denied motions to quash subpoenas directed at prior counsel and third parties, reiterating that underlying facts are discoverable even where communications may be privileged. The court also allowed the late disclosure of a forensic document examination expert, finding good cause based on newly produced evidence late in discovery.
This decision highlights key considerations for eDiscovery teams: courts are increasingly receptive to forensic and system-level data where authenticity is disputed, will authorize targeted remediation where ESI gaps exist, and expect parties to support completeness representations with defensible collection practices.
If your organization is seeking support with eDiscovery, our team has solutions to address all phases of the discovery process. At CODISCOVR, we deliver client-focused, defensible, and scalable solutions using advanced technology and intelligent review practices to meet eDiscovery, document review, and information governance needs in a manner that reduces the risks and costs associated with electronically stored information (ESI). Reach out to Shari Coltoff at CODISCOVR for more information. Shari has over 20 years of experience in the ever-evolving eDiscovery life cycle, from document collection to managing large long-term reviews through productions.
