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Electronic Discovery Law Blog Legal issues, news, and best practices relating to the discovery of electronically stored information.

Monthly Archives: January 2005

Failure to Serve Privilege Log by Court’s Deadline Did Not Effect Waiver

Posted in CASE SUMMARIES

Streamline Capital, LLC v. Hartford Cas. Ins. Co., 2005 WL 66898 (S.D.N.Y. Jan. 11, 2005) Previously, the defendant had sought sanctions for spoliation of evidence, arguing that plaintiff’s two principals (key witnesses in the case) had systematically deleted potentially relevant emails before and during the litigation. At that time, the magistrate judge deferred any decision… Continue Reading

Sanctions Not Warranted for Failure to Preserve Voicemail Messages

Posted in CASE SUMMARIES

Burrell v. Anderson, 353 F.Supp.2d 55 (D. Me. 2005) Plaintiff sued county and various employees of police department and attorney general’s office alleging due process, equal protection, First Amendment, and civil rights conspiracy claims stemming from incidents involving either plaintiff and his former girlfriend, or their daughter. Plaintiff contended that the defendant employees improperly responded… Continue Reading

Report from the First Public Hearing on Proposed Changes to the Federal Rules of Civil Procedure Addressing E-Discovery

Posted in FEDERAL RULES AMENDMENTS, NEWS & UPDATES

The first of three scheduled public hearings regarding proposed changes to the FRCP addressing electronic discovery took place in San Francisco January 12, 2005. Fifteen members of the legal community took advantage of the opportunity to publicly voice their views of the proposed amendments. The diverse group included in-house counsel from corporations such as Microsoft… Continue Reading

Defendant’s Use of “Evidence Eliminator” Software Warrants Adverse Inference

Posted in CASE SUMMARIES

DirecTV, Inc. v. Borow, 2005 WL 43261 (N.D.Ill. Jan. 6, 2005) In this case, the court granted summary judgment in favor of plaintiff DirecTV and against defendant Randy Borow on claims stemming from Borow’s unauthorized use of plaintiff’s satellite television signal. Summary judgment was warranted, in part, because defendant had not offered sufficient evidence to… Continue Reading

Magistrate Recommends Default Judgment Against “Big Four” Accounting Firm for Electronic Discovery Abuses

Posted in CASE SUMMARIES

In re Telxon Corp. Securities Litigation, 2004 WL 3192729 (N.D.Ohio July 16, 2004) Recommending that default judgment on liability be entered against third party defendant, PricewaterhouseCoopers, LLP, the judge stated “it would be difficult for anyone to argue that PWC’s conduct over the course of the litigation, particularly its repeated assurances to the court and… Continue Reading

Court Upholds $2,442,440.97 in Discovery Abuse Sanctions

Posted in CASE SUMMARIES

Nartron Corp. v. General Motors Corp., 2005 WL 26991 (Mich. Ct. App. Jan. 6, 2005) (unpublished) In a prior appeal, the court affirmed the trial judge’s order granting summary judgment dismissing plaintiff’s breach of contract claim and dismissing with prejudice plaintiff’s remaining claims as a sanction for discovery abuses. See Nartron Corp. v. Gen. Motors… Continue Reading

Summary Judgment for Defendants Ends Rowe Entm’t, Inc.

Posted in CASE SUMMARIES

Rowe Entm’t, Inc. v. The William Morris Agency, Inc., 2005 WL 22833 (S.D.N.Y. Jan. 5, 2005) The court recently granted summary judgment for the defendants in this seminal E-discovery cost-shifting case, having concluded that plaintiffs “raised no genuine issue of material fact and that no rational trier of fact could find for plaintiffs on any… Continue Reading

Microsoft Corporation Comments on Proposed Amendments to the Federal Rules of Civil Procedure

Posted in FEDERAL RULES AMENDMENTS

Microsoft Vice President & Deputy General Counsel Tom Burt recently submitted comments and a visual diagram to the Committee on Rules of Practice and Procedure, which is currently accepting public comment regarding the proposed amendments to the Federal Rules of Civil Procedure addressing electronic discovery. Gregory S. McCurdy, Senior Attorney at Microsoft, will also be… Continue Reading

Ten Tips For Electronic Discovery: Judge Shira A. Scheindlin Speaks On Proposed Rules Changes And Surviving E-Discovery Without Sanctions

Posted in NEWS & UPDATES

The rules of civil procedure are once again being amended, this time to update them for document production in the digital age. Judge Shira A. Scheindlin talks about what the proposed changes will mean for in-house counsel. She also gives advice and her top ten tips on conducting e-discovery in the current murky shadow of… Continue Reading