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

Monthly Archives: April 2005

Email from In-house Counsel Forwarded within Company Retains Privilege; Inadvertent Production Does Not Waive Privilege


Premiere Digital Access, Inc. v. Central Telephone Co., 360 F.Supp.2d 1168 (D. Nev. 2005) Premiere Digital Access, Inc. (“Premiere”) is suing Central Telephone Co. d/b/a/ Sprint of Nevada (“Sprint”) for breach of contract, violation of the covenant of good faith and fair dealing, restraint of trade, and unconscionable contract. Premiere, an Internet service provider (“ISP”),… Continue Reading

Privilege Not Necessarily Waived Where Email Between Employee and Personal Attorney Maintained on Corporate Email System


In re Asia Global Crossing, Ltd., 322 B.R. 247 (S.D.N.Y. 2005) Asia Global Crossing, Ltd. and Asia Global Crossing Development Co. (collectively “Asia Global”) were pan-Asian telecommunication carriers which filed for bankruptcy under Chapter 11 on November 17, 2002. Asia Global had five principal corporate officers (“the Insiders”). The bankruptcy was converted to Chapter 7… Continue Reading

Ninth Circuit Denies Writ of Mandamus: Privilege Objections Waived by Failure to Provide Privilege Log at Time Discovery Responses Served


Burlington Northern & Santa Fe Railway Co. v. United States District Court for the District of Montana, 2005 WL 730193 (9th Cir. 2005) Brian and Ryann Kapsner (“the Kapsners”) brought suit against Burlington Northern & Santa Fe Railway Co. (“Burlington”) on July 12, 2002, alleging that Burlington had dumped diesel oil and toxic solvents on… Continue Reading

Advisory Committee Approves Amendments to Federal Rules of Civil Procedure


On April 14-15, 2005, the Civil Rules Advisory Committee met to discuss the fate of proposed amendments to Federal Rules of Civil Procedure relating to e-discovery. Taking into consideration feedback received during the recent public comment period, the Advisory Committee approved amendments to Rules 16, 26, 33, 34, and 45. The Committee also approved, in… Continue Reading

Zubulake Awarded $20.1 Million in Punitive Damages and $9.1 Million in Compensatory Damages

Posted in NEWS & UPDATES

This exceptionally large award was ordered in a landmark employee discrimination case that addressed important e-discovery issues including the preservation of email, cost-shifting, and the restoration of backup tapes. Zubulake’s counsel told the jury that UBS had destroyed email and its officials had lied in court. Judge Scheindlin instructed the jury to assume that email… Continue Reading