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

Monthly Archives: February 2006

Magistrate Denies Stay of Order Compelling Forensic Review of Non-Party’s Computer Systems

Posted in CASE SUMMARIES

Electrolux Home Products, Inc. v. Whitesell Corp., 2006 WL 355453 (S.D. Ohio Feb. 15, 2006) In this case, third parties that had been subpoenaed by the defendant (‘respondents”) moved to stay enforcement of the magistrate judge’s Decision and Order Enforcing Subpoenas (referred to as the “Confirmation Decision”), and petitioned for a Certificate of Interlocutory Appeal…. Continue Reading

Judge Lectures Counsel on Request to Make Documents ‘Disappear’

Posted in CASE SUMMARIES

From the 2/14 issue of the New York Law Journal: “A federal judge in Manhattan has blasted a pair of private equity executives, both of whom are also lawyers, for asking him to make allegations against them “disappear” after the settlement of a suit that accused them of “fundamentally dishonest behavior.”” This story is also… Continue Reading

Email Exchanges Between Counsel Did Not Satisfy “Meet and Confer” Requirement in Case Management Order

Posted in CASE SUMMARIES

Liebel-Flarsheim Co. v. Medrad Inc., 2006 WL 335846 (S.D. Ohio Feb. 14, 2006) In this patent infringement case, the court had issued a Case Management Order that set scheduling deadlines and required the parties to confer and cooperate on certain tasks necessary to the orderly conduct of the litigation. Discovery became very contentious, and the… Continue Reading

Magistrate Expresses Concern Regarding Production of CDs Containing Scanned Documents, But Denies Motion to Compel as Untimely

Posted in CASE SUMMARIES

Bergersen v. Shelter Mut. Ins. Co., 2006 WL 334675 (D. Kan. Feb. 14, 2006) In this wrongful termination case, defendants produced three CDs containing a total of 7,253 documents which, according to plaintiff, were not “kept in any perceivable sequential order.” Plaintiff argued that the production did not comply with Rule 34(b), which requires a… Continue Reading

Federal Court Enjoins Attorney General from Enforcing Against Adult Entertainment Industry Producers Certain Recordkeeping Requirements Related to Live Internet Chat Rooms and Third Party Websites

Posted in CASE SUMMARIES

Free Speech Coalition v. Gonzales, 406 F.Supp.2d 1196 (D. Colo. 2005) In this case, plaintiffs were all involved, in various capacities, in the adult entertainment industry. Plaintiffs sought a preliminary injunction to protect themselves from any enforcement action pending the litigation. Among other things, plaintiffs challenged new recordkeeping requirements under the Child Protection and Obscenity… Continue Reading

Court Declines In Camera Review and Orders Defendants to Revise Privilege Log Entries so that Court and Plaintiff Could “Test the Merits” within the Four Corners of the Privilege Log Itself

Posted in CASE SUMMARIES

United Investors Life Ins. Co. v. Nationwide Life Ins. Co., 233 F.R.D. 483 (N.D. Miss. 2006) In this decision, the court discussed the plaintiff’s motion for in camera review of documents inadvertently produced by the defendants, the general requirements of privilege logs, the elements of various privileges and protections, and the factors to be considered… Continue Reading

FTC Streamlines Merger Review Process for Hart-Scott-Rodino Filings

Posted in NEWS & UPDATES

The Federal Trade Commission (“FTC”) issued an announcement today detailing reforms to the merger review process designed to reduce burdens associated with second requests for documents and data. Such burdens have increased substantially since the Hart-Scott-Rodino Act (“HSR Act”) became operational in 1978 due to an increased reliance by agencies upon direct market analyses and… Continue Reading

After Bench Trial, Court Concludes That Rambus’ Adoption and Implementation of Document Retention Policy Was a “Permissible Business Decision” and “Shred Days” Did Not Constitute Unlawful Spoliation

Posted in CASE SUMMARIES

Hynix Semiconductor Inc. v. Rambus, Inc., 591 F. Supp. 2d 1038 (N.D. Cal. 2006) In this opinion, the court issued its findings of fact and conclusions of law on Hynix’s unclean hands defense to Rambus’ patent infringement claims. The essential issues of the trial were: (1) whether Rambus adopted a document retention plan in order… Continue Reading

Magistrate Awards Attorneys’ Fees and Threatens Adverse Inference Jury Instruction to Force Defendants’ Compliance with Outstanding Production Requests and Discovery Orders

Posted in CASE SUMMARIES

McDowell v. Gov’t of Dist. of Columbia, 233 F.R.D. 192 (D.D.C. 2006) As a result of the difficulties faced by plaintiff in trying to obtain discovery in this case, plaintiff sought an order granting summary judgment against the District as to the “practice of allowing in the field strip searches or searches that involve viewing… Continue Reading

Magistrate Declines to Enter Preservation Order, Orders Defendants to Answer Document Retention Questionnaire, and Orders Production of Electronic Documents in Native Format

Posted in CASE SUMMARIES

Treppel v. Biovail Corp., 2006 WL 278170 (S.D.N.Y. Feb. 6, 2006) In this case, plaintiff alleged that Biovail Corp., its general counsel and certain others engaged in a “smear campaign” that destroyed plaintiff’s career as a securities analyst. He asserted claims of defamation, tortious interference with prospective economic advantage and civil conspiracy. Plaintiff moved for… Continue Reading

ediscoverylaw.com: Now Showing More Than 400 E-Discovery Cases!

Posted in NEWS & UPDATES

We are pleased to announce our latest milestone: our Case Database now features descriptions and, in some cases, complete copies of the opinions from Westlaw, of more than 400 cases involving electronic discovery issues! Curious to know what e-discovery topics were most prevalant in our courts last year? Visit the database and enter “2005″ in… Continue Reading

Magistrate Imposes Discovery Sanctions of $102,079 Against Law Firm for Interference with Third Party Deposition; Recounts Electronic Discovery Disputes

Posted in CASE SUMMARIES

E & J Gallo Winery v. Encana Energy Servs., Inc., 2005 WL 3709885 (E.D. Cal. July 5, 2005) In this action alleging natural gas price fixing, plaintiff sought severe sanctions against certain defendants and their counsel for taking actions which plaintiff claimed resulted in the cancellation of a third-party witness deposition set by plaintiff. The… Continue Reading

Court Orders Production of Payroll and Timekeeping Records in Electronic Form, Rejecting Hard Copy Production

Posted in CASE SUMMARIES

Gilliam v. Addicts Rehab. Ctr. Fund, Inc., 2006 WL 228874 (S.D.N.Y. Jan. 26, 2006) In this class action alleging violations of the Fair Labor Standards Act, defendants identified 148 compact discs containing information responsive to plaintiffs’ requests for certain records. The discs contained payroll and timekeeping records for approximately 150 employees, and also contained personal… Continue Reading

Court Requires Emails Within “Email Strand” to be Listed Separately on Privilege Log

Posted in CASE SUMMARIES

In re Universal Serv. Fund Tel. Billing Practices Litig., 232 F.R.D. 669 (D. Kan. 2005) In this multidistrict litigation consisting of numerous putative class actions against AT&T Corporation and Sprint Communications Company, plaintiffs moved to compel AT&T to produce documents that had been withheld on a claim of attorney/client privilege. The motion was referred to… Continue Reading