If You “Control” Third Party Vendor Information, It’s Probably Discoverable

The Federal Rules of Civil Procedure require production of relevant documents that are in  “possession, custody, or control” of the litigants. As more information management and storage falls to third party vendors, it’s the “control” piece of that rule that most often becomes the bone of contention in e-discovery disputes, and its application in any particular case can become complicated and fact-intensive. The terms of the service agreement can be crucial.