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

Monthly Archives: January 2006

Court Denies Request for In Camera Review of Email to Evaluate Relevance

Posted in CASE SUMMARIES

Rozell v. Ross-Holst, 2006 WL 163143 (S.D.N.Y. Jan. 20, 2006) Plaintiff asserted claims of sexual harassment, retaliation, violation of the Electronic Communications Privacy Act, and computer trespassing against her former employer and supervisor. Among other things, plaintiff alleged that her supervisor “hacked” into her electronic mail account and forwarded to himself approximately 400 of her… Continue Reading

Uncertain & Unseen: Handling Metadata in Litigation Cases

Posted in NEWS & UPDATES

“Uncertain and Unseen,” a bylined article by Preston Gates partner Todd Nunn on the handling of metadata in litigation, appears in the January EDD Showcase issue of Law Technology News. In his article, Todd outlines pending amendments to the Federal Rules of Civil Procedure and discusses their implications for handling metadata and other types of… Continue Reading

Florida Court Affirms $75,000 Coercive Civil Contempt Sanction Against Defendants For Prolonged Discovery Abuse

Posted in CASE SUMMARIES

Channel Components, Inc. v. Am. II Electronics, Inc., 915 So. 2d 1278 (Fla. Dist. Ct. App. 2005) In this case alleging tortious interference and related claims against two former employees, the plaintiff sought intervention by the court several times in order to secure defendants’ compliance with their discovery obligations. Plaintiff filed successive motions for contempt… Continue Reading

Plaintiff’s Failure to Produce Electronic Records Did Not Warrant Ultimate Sanction of Dismissal

Posted in CASE SUMMARIES

Martin v. Northwestern Mut. Life Ins. Co., 2006 WL 148991 (M.D. Fla. Jan. 19, 2006) Plaintiff, a trial lawyer, sued his insurer for disability benefits. The insurer propounded discovery about income the plaintiff may have generated while disabled, including income derived from practicing law. Suspecting that additional documents existed which had not been produced, defense… Continue Reading

New Government Contracts Litigation Blog Launches

Posted in NEWS & UPDATES

The Government Contracts, Construction and Procurement Policy group at Preston Gates recently launched Government Contracts Litigation, a blog on legal issues, news and best practices related to government contracts litigation. Dick Hanson and Mark Jackson, the attorneys directly responsible for managing the blog, have decades of litigation experience representing both contractors and federal agencies. Special… Continue Reading

Production of 1,771 Pages of Database Printouts Was Insufficient Response to Interrogatories; Party Ordered to Produce a More Usable Form of Data or Answer Interrogatories Directly

Posted in CASE SUMMARIES

Powerhouse Marks, L.L.C. v. Chi Hsin Impex, Inc., 2006 WL 83477 (E.D. Mich. Jan. 12, 2006) In this trademark infringement case, plaintiffs sought from defendant Wal-Mart Stores, Inc. information relating to its purchases and sales of certain exercise equipment (Interrogatories 1 and 2). In response, Wal-Mart asserted general objections and referred plaintiffs to 1771 pages… Continue Reading

Magistrate Quashes Subpoenas to Plaintiff’s Personal Email Providers

Posted in CASE SUMMARIES

Quinby v. WestLB AG, 2006 WL 59521 (S.D.N.Y. Jan. 11, 2006) In its second opinion addressing e-discovery issues (the first is summarized here), the court quashed subpoenas issued by the defendant to the providers of plaintiff’s personal email accounts. The subpoenas sought all e-mails sent to or received by plaintiff’s personal e-mail account during the… Continue Reading