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

Monthly Archives: October 2005

Careless Inadvertent Disclosure of Vital Emails Results in Waiver of Attorney-Client Privilege


Atronic International GMBH v. SAI Semispecialists of America, Inc., 232 F.R.D. 160 (E.D.N.Y. 2005) Atronic International (“Atronic”) sued SAI Semispecialists of America (“SAI”) in connection with a breach of contract. At the end of 2003, during initial Rule 26 disclosures, Atronic’s production included two emails between an Atronic employee and international counsel. These emails were… Continue Reading

AMD Subpoenas Dozens of Major Intel Customers

Posted in NEWS & UPDATES

Advanced Micro Devices said it has served subpoenas to 36 major U.S. tech companies seeking documentation to support its antitrust lawsuit against Intel. AMD expects to receive 6 to 8 terabytes of data in documentation from the subpoenaed companies, which is shaping up to be one of the largest U.S. cases involving electronically stored information…. Continue Reading

Court Finds Failure to Preserve and Produce Material from Third Party Electronic Database Improper Grounds for Dismissal


Procter & Gamble Co. v. Haugen, 427 F.3d 727 (10th Cir. 2005) In 1995, the Proctor & Gamble Company and the Procter & Gamble Distributing Company (collectively “P&G”) sued Randy Haugen (“Haugen”) (an Amway Corporation distributor) and others under the Lanham Act and Utah common law. P&G alleged that Haugen had associated P&G with the… Continue Reading

Court Enforces Clawback Provision; Producing Party to Pay Expenses for Deletion of Inadvertently Produced Email from Database


Steadfast Ins. Co. v. Purdue Frederick Co., et al., 2005 WL 2433042 (Conn. Super. Ct. Sept. 7, 2005) (Unpublished) In 2004, Purdue Frederick Co. (“Purdue”) produced email in connection with this difficult and document intensive insurance coverage dispute. About nine months following this production, Steadfast Ins. Co. (“Steadfast”) filed and served an affidavit opposing a… Continue Reading

General Motors Relies Upon Computer Search that Yields Incomplete Results; Court Orders $700,000 Fine, Strikes 3 Affirmative Defenses, and Restricts Challenge of Expert


Serra Chevrolet, Inc. v. General Motors Corp., No. CV-01-VEH-2682-S (N.D. Ala. May 20, 2005) (Order Granting Motion for Sanctions) Serra Chevrolet, Inc. (“Serra”) filed a complaint against General Motors Corp. (“GM”) on October 23, 2001. Allegations in this case include claims that GM improperly awarded an additional dealership to Serra’s chief competitor, Edwards Chevrolet, and… Continue Reading

E-Discovery Tops List of In-House Worries

Posted in NEWS & UPDATES

Fulbright & Jaworski’s annual survey of corporate counsel reflects a growing concern about the costs and consequences of electronic discovery. The 2005 litigation-trends survey found that e-discovery was the No. 1 new litigation-related burden for companies with revenues of more than $100 million. With e-mail and other digital data becoming more prevalent as evidence in… Continue Reading

The Sedona Guidelines, September 2005


The Sedona Guidelines: Best Practice Guidelines & Commentary for Managing Information & Records in the Electronic Age is now available for download. This document, the second published by The Sedona Conference Working Group Series, addresses “questions related to the management of electronic information in organizations as a result of business, statutory, regulatory and legal needs…. Continue Reading

E-mail to Lawyers: E-discovery Rules on the Way

Posted in NEWS & UPDATES

In today’s ABA Journal E-report, Richard Acello reports on proposed changes to the Rules of Civil Prodecure that govern e-discovery which were recently approved by the Judicial Conference. The article includes commentary regarding implications of specific rule changes and can be found here.

Order to Produce Electronic Spreadsheets as Kept in the Ordinary Course Requires Production with Metadata Intact; Spreadsheet Cells to Remain Unlocked


Williams v. Sprint/United Mgmt. Co., 230 F.R.D. 640 (D. Kan. 2005) Shirley Williams sued Sprint/United Management Company in a collective action asserting that age was a determining factor in Defendant’s decision to terminate employment in connection with a reduction-in-force (“RIF”). Regular discovery conferences were held with Magistrate Judge Waxse, who entered orders in this decision… Continue Reading