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

Monthly Archives: May 2005

Supreme Court Overturns Arthur Andersen’s Conviction for Destroying Enron-Related Documents

Posted in CASE SUMMARIES

Arthur Andersen LLP v. United States, 125 S.Ct. 2129 (2005) Arthur Andersen, Enron’s auditor, instructed employees to destroy documents pursuant to its document retention policy when Enron’s financial problems became public in 2001. Arthur Andersen was convicted under USC ?߬ߠ1512(b)(2)(A) and (B) in connection this destruction. The conviction was affirmed by the Fifth Circuit, but… Continue Reading

Proposed Amendments to Federal Rules of Civil Procedure Submitted to Standing Committee

Posted in FEDERAL RULES AMENDMENTS, NEWS & UPDATES

On May 27, 2005, the Civil Rules Advisory Committee submitted to the Standing Committee on the Rules of Practice and Procedure a comprehensive package of proposed amendments to the Federal Rules of Civil Procedure addressing discovery of electronically stored information, including revisions of Rules 16, 26, 33, 34, 37, and 45, as well as Form… Continue Reading

Perelman Awarded an Additional $850 Million in Punitive Damages in Coleman v. Morgan Stanley

Posted in NEWS & UPDATES

These damages bring the total awarded Perelman to $1.45 billion in this landmark case where Judge Maas ruled that Morgan Stanley had conspired with Sunbeam to defraud Perelman. Judge Maas’ ruling was due to frustration caused by Morgan Stanley’s failure to produce email. In his closing argument, Morgan Stanley attorney Mark Hansen said that the… Continue Reading

Perelman Awarded $604.3 Million in Coleman v. Morgan Stanley

Posted in NEWS & UPDATES

A Florida jury awarded these damages in connection with Morgan Stanley helping Sunbeam to falsely inflate its finances. An award for punitive damages is still expected. Morgan Stanley said it would appeal, and additional discussions with a mediator are planned. Judge Maas had instructed the jury to assume that Morgan Stanley helped Sunbeam inflate its… Continue Reading

Gillette: Workers may have deleted e-mail

Posted in NEWS & UPDATES

Gillette Co. said it is “possible” that senior executives deleted e-mail that may have included discussions of the company’s proposed $57 billion acquisition by Procter & Gamble Co. that are being sought by the Massachusetts regulators. The company disclosed in a filing in Massachusetts Superior Court Monday that Gillette employees whose e-mail may be subject… Continue Reading