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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 2006

E-Discovery for Defense Attorneys

Posted in EVENTS

Washington Defense Trial Lawyers (WDTL) sponsors "E-Discovery for Defense Attorneys" at the Washington State Convention & Trade Center from 8 AM to Noon – November 2, 2006.  Preston DATG partner, Todd Nunn, will present "A Realist’s View of the Impact of E-Discovery on a Defense Firm" and contribute to the CLE’s ethics discussion with John Schedler, Lee Smart Cook, Martin & Patterson, James… Continue Reading

Court Denies Request for Production in Native Format and Imaging of Hard Drives

Posted in CASE SUMMARIES

Ponca Tribe of Indians of Okla. v. Cont’l Carbon Co., 2006 WL 2927878 (W.D. Okla. Oct. 11, 2006) In this decision, the court ruled on plaintiffs’ motion to compel certain electronic information. First, the court rejected plaintiffs’ request that defendant permit them to image or download to a database all information stored in defendant’s “data… Continue Reading

GETTING PAST THE HYPE

Posted in EVENTS

"Practical Advice for Developing an Effective Discovery Response Plan" The Preston DATG partners look forward to leading a succession of briefings designed to assist clients in negotiating the perils of electronic discovery with advice for developing actionable plans and tools for navigating through the new federal rules which go into effect December 1, 2006.   Breakfast meetings are scheduled during the next four weeks in five locations:  Spokane–October 24, Seattle–October 31, Orange… Continue Reading

Ethics for Corporate Counsel: The New Rules and Recent Trends in Professional Liability

Posted in EVENTS

Wednesday, November 1, 2006 Washington State Convention & Trade Center, Room 2AB Seattle, WA Martha Dawson is speaking at this upcoming Washington State Bar Association event on Ethical Issues in Electronic Discovery.  Other speakers include representatives from PACCAR, Avista Corporation, and the University of Seattle School of Law.  Visit www.wsbacle.org/seminars for more information.  

Modern Discovery: New Rules, New Approaches

Posted in EVENTS

Examine crucial discovery issues facing practitioners today.  Martha Dawson, Program Committee Chair for this WSBA-sponsored CLE, will give an update on the ethical obligations in the complex world of e-discovery on Thursday, October 26, 2006, Seattle Hilton.  Preston partners Helen Bergman Moure and Todd Nunn will moderate separate panels that will explore the ramifications of the new federal rules and… Continue Reading

Ninth Circuit Upholds Dismissal of Complaint and $65,000 Sanction for Spoliation of Computer Files Under Court’s Inherent Authority

Posted in CASE SUMMARIES

Leon v. IDX Sys. Corp., 464 F.3d 951 (9th Cir. 2006) Dr. Mauricio Leon (“Leon”) was hired by the defendant in 2001, and in mid-2002, he began complaining of mismanagement of a federally-funded project.  In April 2003, IDX put Leon on unpaid leave and brought an action for declaratory relief, seeking to establish that it could terminate… Continue Reading

Magistrate Recommends Adverse Inference Instruction Based in Part on Former Employee’s Cancellation of Personal Yahoo Email Account

Posted in CASE SUMMARIES

Easton Sports, Inc. v. Warrior LaCrosse, Inc., 2006 WL 2811261 (E.D. Mich. Sept. 28, 2006) Plaintiff was in the business of manufacturing and selling a variety of hockey equipment; the defendants were related sporting goods companies that, at the time of the events giving rise to the complaint, were entering into the hockey equipment business… Continue Reading

Default Judgment Warranted by Deliberate and Bad Faith Spoliation, and to Deter Other Would-Be Spoliators

Posted in CASE SUMMARIES

Arista Records, L.L.C. v. Tschirhart, 2006 WL 2728927 (W.D. Tex. Aug. 23, 2006) In this copyright infringement action based on internet file-sharing activities, plaintiffs sought terminating sanctions against defendant for spoliation of evidence. Plaintiffs alleged that defendant willfully destroyed critical evidence on her computer hard drive after notice of the lawsuit, notice of her obligation… Continue Reading