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

Monthly Archives: November 2006

Plaintiff’s Efforts to Preserve and Produce Email and Electronic Records Were Untimely and Inadequate; Court Invites Motion for Sanctions

Posted in CASE SUMMARIES

Reino de Espana v. Am. Bureau of Shipping, 2006 WL 3208579 (S.D.N.Y. Nov. 3, 2006) This litigation arose from the casualty of the Prestige off the coast of Spain in November 2002, which caused a large oil spill. In this opinion, the court granted defendant ABS’s motion to compel the production of email and other… Continue Reading

Court Orders Production of Handwritten Worksheets Underlying Database, in Light of Demonstrated Data Entry Errors

Posted in CASE SUMMARIES

MacNamara v. City of New York, 2006 WL 3298911 (S.D.N.Y. Nov 13, 2006) This case is one of many arising from the arrests of approximately 1,800 people during the Republican National Convention (“RNC”) in New York City in the summer of 2004. This decision addressed plaintiffs’ motion to compel the city to produce certain documents… Continue Reading

Moure Quoted in Wall Street Journal

Posted in NEWS & UPDATES

Preston Gates partner Helen Bergman Moure was quoted in today’s Wall Street Journal in an article titled: New Rules Are Set for Federal Courts On Electronic Data. "The changes "may serve as a wake-up call for some companies that haven’t been in a case where electronic [evidence] has been produced," says Helen Bergman Moure, an… Continue Reading

New E-Discovery Rules & The Attorney-Client Privilege: A Middle Ground for Waiver?

Posted in NEWS & UPDATES

A November 2006 article by Preston Gates partner Julie Anne Halter for the Washington Legal Foundation: "The proposed amendments to the Federal Rules of Civil Procedure will go into  effect on December 1, 2006, absent some affirmative act by Congress to prevent their  adoption. Among the amendments are provisions designed to address the everapparent  problem faced… Continue Reading

Citing The Sedona Conference Glossary for E-Discovery, Court Overrules Vagueness and Ambiguity Objections to Request for Production

Posted in CASE SUMMARIES

Johnson v. Kraft Foods N. Am., Inc., 2006 WL 3302684 (D. Kan. Nov. 14, 2006) In this decision, the court granted in part plaintiffs’ motion to compel and overruled a number of defendants’ objections to plaintiffs’ request for production. Among other things, defendants had objected that many of the terms used in the request were… Continue Reading

Court Grants Access to Individual Plaintiff’s Work and Home Computers; Plaintiff Had Continued Deleting Potentially Relevant Emails for Years After Commencing Litigation

Posted in CASE SUMMARIES

Ball v. Versar, Inc., 2005 WL 4881102 (S.D. Ind. Sept. 23, 2005) This case involved the remediation of a “Superfund” hazardous waste site in Indiana. Plaintiffs Roy Ball and Norman Bernstein (the “trustees”) were trustees for the fund formed by the hazardous waste generators to clean up the site under agreement with the relevant governmental… Continue Reading

Bad Faith Spoliation of Critical Emails Warrants Adverse Inference Instruction

Posted in CASE SUMMARIES

Optowave Co., Ltd. v. Nikitin, 2006 WL 3231422 (M.D. Fla. Nov. 7, 2006) In this breach of contract case, Optowave contended that its contract with defendant Dmitri Nikitin d/b/a Precision Technology Group (“PTG”) incorporated eight certain specifications, and that PTG failed to meet any of the specifications, thereby breaching the contract. During discovery, Optowave sought… Continue Reading

Supreme Court Refuses to Hear Qwest Case Involving Document Production

Posted in NEWS & UPDATES

[From the Associated Press, November 13, 2006 and posted on Law.com] The Supreme Court on Monday refused to consider a case in which Qwest Communications International Inc. had been ordered to produce 220,000 pages of documents to shareholders in a civil securities fraud lawsuit. Qwest attorneys had argued the documents were protected by attorney-client and… Continue Reading

Relying on Delaware’s Default Standards, Court Holds Production in Native Format with Metadata Not Required

Posted in CASE SUMMARIES

Wyeth v. Impax Labs., Inc., 2006 WL 3091331 (D. Del. Oct. 26, 2006) In this patent litigation, the court denied in part and granted in part defendant’s motion to compel. Impax contended, among other things, that Wyeth should be ordered to produce electronic documents in their native format, complete with metadata, and not in the… Continue Reading

Citing Conference of Chief Justices’ Guidelines to State Courts, North Carolina Court Refuses to Compel Nonparty to Produce Deleted Emails from Backup Tapes

Posted in CASE SUMMARIES

Bank of America Corp. v. SR Int’l Bus. Ins. Co., Ltd., 2006 WL 3093174, 2006 NCBC 15 (N.C. Super. Nov. 1, 2006) In its introductory remarks, the court advised: This opinion should be read in conjunction with the opinion in Analog Devices, Inc. v. Michalski, 2006 NCBC 14, (N.C.Super.Ct. Nov. 1, 2006), issued contemporaneously herewith…. Continue Reading

North Carolina Court Orders Production of Email from Backup Tapes; Parties to Share Restoration Costs Equally

Posted in CASE SUMMARIES

Analog Devices, Inc. v. Michalski, 2006 WL 3287382 (N.C. Super. Nov. 1, 2006) (Unpublished) In this misappropriation of trade secrets case, defendants moved to compel the production of emails of the originators of the trade secrets at issue relating to the development of those trade secrets and products initially implementing them. At the hearing on… Continue Reading

North Carolina Court Relies on Conference of Chief Justices’ Guidelines in Two Decisions Involving the Production of Email from Backup Tapes

Posted in NEWS & UPDATES

These two opinions, both filed on November 1, 2006, discuss for the first time the extent to which inaccessible electronic data is discoverable and who should pay for its production under the North Carolina Rules of Civil Procedure. Bank of America Corp. v. SR Int’l Bus. Ins. Co., Ltd., 2006 WL 3093174, 2006 NCBC 15… Continue Reading

Failure to Suspend Email Retention Policy Warrants Adverse Inference and Monetary Sanctions, but Not Default Judgment

Posted in CASE SUMMARIES

In re Napster, Inc. Copyright Litig., 2006 WL 3050864 (N.D. Cal. Oct. 25, 2006) In this opinion, the court denied plaintiffs’ request for spoliation sanctions in the form of a default judgment, and instead granted plaintiffs’ alternative request for a preclusion order, an adverse inference instruction and an award of attorneys’ fees. Plaintiffs’ motion for… Continue Reading

$1.888 Million Judgment Entered in Favor of Bankruptcy Trustee Based on Adverse Party’s Spoliation of Financial Records

Posted in CASE SUMMARIES

In re Quintus Corp., 353 B.R. 77 (Bankr. D. Del. 2006)  Avaya, Inc. purchased the assets of the debtors in bankruptcy, and agreed to assume certain of the debtors’ liabilities. Thereafter, the trustee filed an adversary complaint against Avaya asserting breach of contract and unjust enrichment for failure to pay certain liabilities under the parties’… Continue Reading