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

Monthly Archives: February 2005

Electronic Discovery Sanctions in the Twenty-First Century

Posted in FEDERAL RULES AMENDMENTS, RESOURCES

Judge Scheindlin, United States District Court Judge for the Southern District of New York, has co-authored an article that surveys decisions concerning e-discovery sanctions issued since January 1, 2000. The article is meant to provide guidance for e-discovery reform by examining what state and federal courts have considered to be sanctionable conduct and the sanctions… Continue Reading

Highlights from the Second Public Hearing on Proposed Amendments to the Federal Rules of Civil Procedure

Posted in FEDERAL RULES AMENDMENTS, NEWS & UPDATES

On January 28, 2005 in Dallas, the Civil Rules Advisory Committee held the second of three public hearings on the proposed amendments to the Federal Rules of Civil Procedure relating to electronic discovery. The committee heard testimony from 18 individuals. Following are some highlights of the testimony. The complete testimony can be found at here.

Injunction Prohibiting “Routine” Disposal of Business Records Unrelated to Dispute Is Overbroad

Posted in CASE SUMMARIES

Computek Computer & Office Supplies, Inc. v. Walton, 2005 WL 352036 (Tex.App. Feb. 15, 2005) Plaintiff sued competing business and its owner, alleging that owner used trade secrets obtained during his employment with plaintiff to form the competing company. The trial court ruled in favor of plaintiff and awarded it actual and exemplary damages. In… Continue Reading

Court Allows Use of Electronic Documents at Trial Despite Late Disclosure

Posted in CASE SUMMARIES

Klyuch v. Freightmasters, Inc., 2005 WL 318786 (D.Minn. Feb. 9, 2005) In this employment discrimination case, the defendant sought to amend its trial exhibit list to include three recently discovered electronic documents which it contended were “germane to the outstanding issues” set to be tried. The defendant provided the documents to opposing counsel as soon… Continue Reading

Pharmaceutical Industry’s Guide to Document Management and E-Discovery

Posted in EVENTS

April 19-20, 2005 Park Hyatt Hotel, Phladelphia Produced by American Conferences Similar to the Second Annual Advanced Forum on Document Retention & E-Discovery, this CLE is geared specifically to the pharmaceutical industry. Representatives from Bayer, GlaxoSmithKline, Merck, Pfizer, Wyeth and others will be on hand to share their perspectives. Download the conference flyer here.

Court Orders Party to Correct Technical Problems with Electronic Production, Declines to Appoint Neutral Consultant

Posted in CASE SUMMARIES

United States v. Merck-Medco Managed Care, L.L.C., 2005 WL 273030 (E.D.Pa. Feb. 2, 2005) This opinion addresses the plaintiff’s motion to modify the case management order and establish certain discovery deadlines, as a result of defendant Medco’s electronic document production failings. Earlier, Medco had notified the court of its failure to comply with the court’s… Continue Reading

Reminder: Last Chance to Submit Comments on Proposed Changes to the Federal Rules of Civil Procedure

Posted in FEDERAL RULES AMENDMENTS, NEWS & UPDATES

On August 10, 2004, the Standing Committee on Rules of Practice and Procedure approved for publication and public comment several proposed amendments to the Federal Civil Rules that specifically address electronic discovery. The public comment period for these proposed amendments is now nearing its end. The last date for submissions is February 15, 2005. A… Continue Reading

Second National Advanced Forum on Document Retention & E-Discovery

Posted in EVENTS

March 15-16, 2005 Sheraton Fisherman’s Wharf Hotel, San Francisco Produced by American Conferences Preston Gates’ Helen Moure will be co-presenting a session on Strategic Considerations for Document Storage and Retrieval with Robert E. Norton, Senior Counsel, Daimler-Chrysler Corporation This conference will focus on providing strategic guidance on creating document retention policies as well as tools… Continue Reading

Judge Denies Forensic Search of Employer’s Information Systems to Confirm “Highly Speculative Conjecture”

Posted in CASE SUMMARIES

Williams v. Mass. Mut. Life Ins. Co., 226 F.R.D. 144 (D. Mass. 2005) In this wrongful termination case, plaintiff sought the court’s help in obtaining from defendant employer a particular email he claimed to have seen and possessed at one point, but no longer possessed. He sought an order appointing a neutral computer forensics expert… Continue Reading

Highlights from the Public Hearing on Proposed Amendments to the Federal Rules of Civil Procedure

Posted in FEDERAL RULES AMENDMENTS, NEWS & UPDATES

On January 12, 2005 in San Francisco, the Civil Rules Advisory Committee heard testimony from 15 witnesses. This was the first of three public hearings on the proposed amendments to the Federal Rules of Civil Procedure relating to electronic discovery. The following are some highlights of the testimony. The complete testimony can be found here.

Monetary Sanctions Imposed for “painstaking and slow” Production

Posted in CASE SUMMARIES

Green v. Baca, 225 F.R.D. 612 (C.D.Cal. 2005) In this case, the court found that plaintiff’s efforts to obtain discovery regarding the over-detention of inmates in the Los Angeles County jail system were “unduly complicated and extraordinarily delayed by the failure of the County and/or its counsel to investigate promptly and effectively the records available,… Continue Reading

Court Orders Production of Computerized Activity Log Revealed by Former Employee

Posted in CASE SUMMARIES

Treace v. UNUM Life Ins. Co., 2004 WL 3142215 (W.D.Tenn. Aug. 10, 2004) Insured sued UNUM Life Insurance Company for breach of contract, bad faith, and related torts based upon Unum’s denial of her disability claim. In response to an interrogatory seeking the identities of individuals who had contact with plaintiff about the claim, Unum… Continue Reading

Magistrate Judge Orders Plaintiff to Describe Scope of Document Search in Detail

Posted in CASE SUMMARIES

Icu Medical, Inc. v. B. Braun Medical, Inc., 2005 WL 151927 (N.D.Cal. Jan. 4, 2005) In response to a joint discovery dispute letter in which defendant sought an order requiring plaintiff to conduct an adequate search for documents in response to defendant’s production requests, the magistrate judge ordered: (1) To the extent not already completed,… Continue Reading