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

Monthly Archives: June 2005

Panel Discusses Differences in Electronic Discovery in New York State and Federal Courts

Posted in NEWS & UPDATES

During the New York State Bar Association’s Annual 2005 Meeting of the Commercial and Federal Litigation Law Section, a panel of attorneys and judges discussed current issues in connection with electronic discovery and differences in state and federal courts. Federal and New York State electronic discovery cases were noted, with substantial discussion centered upon Judge… Continue Reading

Court Not Convinced that Order Requiring Gillette to Hire Vendor for Extensive Electronic Discovery Warranted


Galvin v. Gillette Co., 2005 WL 1476895 (Mass. Super. May 19, 2005) (Unpublished) On January 27, 2005, The Proctor & Gamble Company (“Proctor & Gamble”), acting through Aquarium Acquisition Corp., agreed to merge with The Gillette Company (“Gillette”). William Francis Galvin, Secretary of the Commonwealth of Massachusetts (“the Secretary”) has certain statutory authority allowing him… Continue Reading

Failure to Create Data Distinguished from Spoliation and Not Subject to Sanction


Getty Properties Corp. v. Raceway Petroleum, Inc., 2005 WL 1412134 (D.N.J. June 14, 2005) In 1992, Defendant Third-Party Plaintiff Raceway Petroleum, Inc. (“Raceway”) leased a property from Plaintiff Getty Properties Corp. and Third-Party Defendant Power Test Realty, Co., Ltd. (collectively, “Getty”). The property had been used for a gas station by Getty from 1975 to… Continue Reading

Standing Committee Approves Proposed Amendments to Federal Rules of Civil Procedure


The Standing Committee on Rules of Practice and Procedure today approved the amendments submitted by the Civil Rules Advisory Committee addressing discovery of electronically stored information. The proposed text of each rule was approved without change; some changes were made to the committee notes. The entire package of amendments will be posted here when available…. Continue Reading

Online Questionnaire Submitted by Prospective Clients Confidential Despite Waiver of Attorney-Client Relationship


Andrew Barton et al. v. United States District Court for the Central District of California, 2005 WL 1355481 (9th Cir. 2005) A law firm posted a questionnaire on the Internet to gather information regarding class members for potential litigation against SmithKline Beecham Corporation (“SmithKline”). The action under consideration was for injury related to use of… Continue Reading

This is Spinal Tech

Posted in NEWS & UPDATES

In this month’s issue of Corporate Counsel Magazine, Amy Kolz reports on the amazing technology used in connection with the Medtronic spinal surgical inventions litigation. The case resulted in a $560 million verdict against Medtronic, and a $1.35 billion settlement followed. Attorneys worked from 9 AM to 8 PM piloting seven black computers from a… Continue Reading

Spoliation Instruction Appropriate where Defendants Failed to Preserve Email


Arndt v. First Union Nat’l Bank, 613 S.E.2d 274 (N.C. Ct.App. 2005) Donald Arndt (“Arndt”) was hired by First Union National Bank (“First Union”) in June 1996 with an initial salary of $90,000 per year and a guaranteed minimum incentive payment of $90,000. Brian Simpson (“Simpson”), Arndt’s manager, orally agreed to pay Arndt 20% of… Continue Reading

Seventh Circuit Reverses Sanction Requiring Production of Documents Listed on Privilege Log


American National Bank and Trust Co. of Chicago v. Equitable Life Assurance Society of the United States, 406 F.3d 867 (7th Cir. 2005) American National Bank and Trust Co. of Chicago, as Trustee f/b/o Emerald Investments LP, and Emerald Investments LP (“Emerald”) sued Equitable Life Assurance Society of the United States (“Equitable”) in tort and… Continue Reading

Navy Required to Query Database for Production of Relevant Data


Jinks-Umstead v. England, 227 F.R.D. 143 (D.D.C. 2005) Plaintiff, a Contracting Officer, claimed that decisions by the Navy to reduce staffing and remove her supervisory status were in violation of Title VII of the Civil Rights Act. The Navy responded that its actions were prompted by legitimate business reasons. A new trial had been ordered,… Continue Reading

Use of Evidence Eliminator Results in Default Judgment Recommendation and Award of $145,811.75 in Expenses and Costs


Communications Center, Inc. v. Matthew Hewitt, et al., Civil No. S-03-1968 WBS KJM (E. D. Cal. Apr. 5, 2005) In this case, where plaintiff alleged multiple causes of action, the court ordered defendant to provide mirror images of any hard drives in defendant’s possession that contained documents responsive to plaintiff’s requests for production. Documents were… Continue Reading