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

Monthly Archives: March 2005

The Legal and Strategic Guide to E-Discovery: West

Posted in EVENTS

Best Practices for Corporate Counsel San Francisco Marriott Fisherman’s Wharf April 7-8, 2005 This senior-level forum will provide a legislative and strategic update on how to effectively manage electronic information. Corporate counsel will learn how to protect themselves against e-discovery claims before they spiral out of control. Up to the minute case studies and presentations… Continue Reading

Computer Experts and Court Appointed Referee to Clone Hard Drives and Distribute Specified Hard Copies to Litigants

Posted in CASE SUMMARIES

Etzion v. Etzion, 2005 WL 689468 (N.Y.Sup. Feb 17, 2005) In this matrimonial matter, Plaintiff moved by order to show cause for an order allowing her (with the help of a sheriff) to “gain access” to Defendant’s premises and impound, clone, and inspect items containing electronic data. The order was also to shift costs to… Continue Reading

Dealing with Data: No, You Can’t Call Them Documents Anymore

Posted in NEWS & UPDATES

In this March/April 2005 article from Business Law Today, George L. Paul and Robert F. Copple outline steps for a business to follow in developing data life-cycle policies. Such policies are designed to ensure that necessary data is preserved (in connection with litigation and Sarbanes-Oxley, for example) yet the business does not “drown in its… Continue Reading

State Court Issues Preservation Order Despite Some Overlap with Existing Federal Preservation Orders

Posted in CASE SUMMARIES

Weiller v. New York Life Ins. Co., 2004 WL 3245345 (N.Y. Sup. Ct. Mar. 16, 2005) (Unpublished) Plaintiff brought a putative class action in New York state court alleging that Unumprovident Corporation had engaged in an elaborate scheme to limit its liability to policyholders by denying meritorious claims based on economic factors having nothing to… Continue Reading

Are you prepared for the e-discovery FRCP?

Posted in NEWS & UPDATES

An interesting article from PG Lewis & Associates’ March 2005 e-Newsletter on the recently released American Bar Association corporate counsel survey. Among other findings, the survey brings to light that more than “80 percent of Corporate counsel members are not aware of or familiar with the e-discovery ammendments.” The original ABA survey report, ABA Digital… Continue Reading

Zubulake VI: Court Rules on Various Motions in Limine and Precludes Admission of Certain Evidence Unless Defendants “Open the Door”

Posted in CASE SUMMARIES

Zubulake v. UBS Warburg LLC., 382 F.Supp.2d 536 (S.D.N.Y. 2005) In her sixth opinion in this case, Judge Scheindlin ruled on the parties’ motions in limine, several of which related to e-discovery issues that were the topics of prior decisions: 1. Defendants moved to preclude the introduction of evidence regarding the court’s previous decisions in… Continue Reading

Federal Court Declines to Exercise Supplemental Jurisdiction Over State Law Claims Stemming From Execution of State Court’s Preservation Order

Posted in CASE SUMMARIES

Harrison v. Jones, Walker, Waechter, Poitevent, Carrere & Denegre, L.L.P., 2005 WL 517342 (E.D. La. Feb. 24, 2005) In this case, a company (NovelAire) filed a complaint against its former employees (Harrison and Bucklin) for breach of agreement and breach of fiduciary duties, intentional interference with a contract, and violations of Lousiana’s unfair trade practices… Continue Reading

Highlights (Day 2) from the Third Public Hearing on Proposed Amendments to the Federal Rules of Civil Procedure

Posted in FEDERAL RULES AMENDMENTS, NEWS & UPDATES

On February 11-12, 2005 in Washington, D.C., the Civil Rules Advisory Committee heard testimony from over 45 witnesses. This was the third and final set of public hearings on the proposed amendments to the Federal Rules of Civil Procedure relating to electronic discovery. Following are some highlights of the testimony from day two of the… Continue Reading

Highlights (Day 1) from the Third Public Hearing on Proposed Amendments to the Federal Rules of Civil Procedure

Posted in FEDERAL RULES AMENDMENTS, NEWS & UPDATES

On February 11-12, 2005 in Washington D.C., the Civil Rules Advisory Committee heard testimony from over 45 witnesses. This was the third and final set of public hearings on the proposed amendments to the Federal Rules of Civil Procedure relating to electronic discovery. Following are some highlights of the testimony from day one of the… Continue Reading

E-discovery issues present challenges in court cases

Posted in NEWS & UPDATES

In an article appearing in the February 18-24 issue of the Puget Sound Business Journal, Martha Dawson points out that case law regarding e-discovery is slow to develop and often confusing. Additionally, federal guidelines that apply to document discovery were originally drafted in 1939 prior to today’s computer environment. In the article, she discusses several… Continue Reading

Magistrate Recommends Combination of Remedial Measures for “Excruciatingly Slow and Disjointed Disclosure of Documents”

Posted in CASE SUMMARIES

Lava Trading, Inc. v. Hartford Fire Ins. Co., 2005 WL 459267 (S.D.N.Y. Feb. 24, 2005) At the conclusion of discovery, defendant moved for the imposition of sanctions on plaintiff, contending that plaintiff had systematically ignored its discovery obligations under the Federal Rules of Civil Procedure, violated a series of court orders directing it to produce… Continue Reading

Magistrate Recommends Adverse Inference Instruction and Monetary Sanctions for Failure to Preserve Hard Drives, Audio Recordings and Email

Posted in CASE SUMMARIES

E*Trade Securities LLC v. Deutsche Bank AG, et al., Civil No. 02-3711 RHK/AJB and Civil No. 02-3682 RHK/AJB (D. Minn. Feb. 17, 2005) United States Magistrate Judge Arthur J. Boylan filed a Report and Recommendation regarding several electronic discovery disputes arising in a case where plaintiffs claim that defendants engaged in a fraudulent securities lending… Continue Reading