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

Monthly Archives: September 2005

Access to Intranet Denied when Documents Provided in Searchable Form


Fenster Family Patient Holdings, Inc. v. Siemens Medical Solutions USA, Inc., 2005 WL 2304190 (D.Del. Sept. 20, 2005) Fenster Family Patient Holdings, Inc. and others (collectively “Fenster”) filed this lawsuit alleging infringement of various patents by Siemens Medical Solutions USA, Inc. and other Siemens entities (collectively “Siemens”). The patents were issued in connection with Digital… Continue Reading

Locate Smoking Guns in Cryptic Messaging

Posted in NEWS & UPDATES

An article by Conrad Jacoby in the September issue of Law Technology News: Collecting documents in response to internal investigations or civil litigation discovery requests has always been a challenge. The problem is not so much gathering the documents (though volume can be problematic), but rather identifying the data repository nooks and crannies where important… Continue Reading

Court Quashes Order Compelling Production of Computers Absent Evidence of Spoliation


Menke v. Broward County Sch. Bd., 916 So. 2d 8 (Fla. Dist. Ct. App. 2005) David Menke (“Menke”) is a high school teacher who was suspended for alleged misconduct. Allegations included claims that he had exchanged sexually-explicit emails with minor students and made derogatory comments about school personnel and operations with students. Menke requested a… Continue Reading

Florida Supreme Court Justices Find Legal Duty to Maintain or Preserve Property Necessary for Spoliation


Martino, et al. v. Wal-Mart Stores, Inc., 908 So.2d 342 (Fla. 2005) Ronna Martino (“Martino”) sued Wal-Mart Stores, Inc. (“Wal-Mart”) alleging that she suffered injury in March 1997 when the shopping cart she was using collapsed. Plaintiff claims that the injury occurred when a cashier, who was ringing up goods for purchase, asked Martino to… Continue Reading

Magistrate Recommends Granting of Fees and Costs from Counsel for Vexatious Pursuit of Matter Despite Damning Email


Rousseau v. Echosphere Corp., 2005 WL 2176839 (W.D. Pa. Aug. 30, 2005) Charles A. Lamberton (“Lamberton”) represented Thomas R. Rousseau (“Rousseau”) in an action alleging retaliatory termination by Echosphere Corporation (“Echosphere”). The termination was allegedly due to Rousseau’s filing of a workers’ compensation claim and his having requested a workplace accommodation. Plaintiff claimed that Echosphere’s… Continue Reading

Judicial Conference Approves Proposed Amendments to Federal Rules of Civil Procedure


The Judicial Conference today approved the package of proposed rule amendments addressing the discovery of electronically stored information. It was approved unanimously, without question or objection, and will now be considered by the Supreme Court. If promulgated by May 1, it will become effective on December 1, 2006 absent intervention by Congress. The September 2005… Continue Reading

Court Orders Production of Home Office Backup Tape Created in Connection with CFTC Receivership


Commodity Futures Trading Commission v. Equity Financial Group, LLC, et al., 2005 WL 2205789 (D.N.J. Sept. 9, 2005) In April 2004, the U.S. Commodity Futures Trading Commission (“CFTC”) filed an enforcement action against Equity Financial Group, LLC (“Equity”) and others alleging fraud in connection with the solicitation of commodity pool participation interests in Shasta Capital… Continue Reading

Court Denies Request for Adverse Inference where Failure to Preserve Hard Drive Does Not Suggest Fraud or Fabrication


Liggett v. Rumsfeld, 2005 WL 2099782 (E.D.Va. Aug. 29, 2005) William Liggett (“Liggett”), an information technology specialist working for the United States Department of Defense, Defense Logistics Agency (“DLA”) sued Defense Secretary Donald Rumsfeld (“Rumsfeld”) alleging discrimination based on race, a hostile work environment, and retaliation in violation of Title VII of the Civil Rights… Continue Reading

Failure to Produce Recordings Stored on Computer Results in Exclusion


Shank v. Kitsap County, et al., 2005 WL 2099793 (W.D.Wash. Aug. 30, 2005) Charles Shank (“Shank”) sued Kitsap County, a Washington State Municipal Corporation, and several individuals (collectively “Kitsap”) in connection with alleged employment-related violations under 42 USC �� 1983. Claims included: failure to receive a pay raise, hostile work environment, and failure to receive… Continue Reading

Court Imposes Sanctions and Allows Re-deposition of Witnesses Due to Belated Production of Email


Tracy v. Financial Insurance Management Corp., 2005 WL 2100261 (S.D.Ind. Aug. 22, 2005) Justin Tracy (“Tracy”) filed a Motion for Sanctions under Rule 37 and Other Relief in a case involving allegations of Americans with Disabilities Act and Employee Retirement Income Security Act violations. Tracy claimed that Financial Insurance Management Corporation (“FIMC”) had interfered with… Continue Reading

Morgan Stanley Faces $10 Million Fine for Failure to Preserve Email

Posted in NEWS & UPDATES

AP Business reported Tuesday that Morgan Stanley (“Morgan”) is facing a Securities and Exchange Commission (“SEC”) fine of roughly $10 million in connection with a failure to preserve email. The Wall Street Journal reported that the email may have been relevant to significant SEC actions against Morgan. It also reported that the SEC is alleging… Continue Reading