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

Monthly Archives: December 2006

Court Orders Parties To Develop Sampling Protocol For Claims Information

Posted in CASE SUMMARIES

Zurich Am. Ins. Co. v. Ace Am. Reinsurance Co., 2006 WL 3771090 (S.D.N.Y. Dec. 22, 2006) In this reinsurance case, plaintiff sought an order compelling defendant to produce certain claim information. Defendant opposed the motion partly on the basis of undue burden. It explained that, although it processed thousands of claims, its computer system was… Continue Reading

Regulator Says Morgan Stanley Withheld E-Mail in Cases

Posted in NEWS & UPDATES

From the New York Times: By GRETCHEN MORGENSON Published: December 20, 2006 "The NASD, the nation’s largest self-regulatory organization for the securities industry, accused Morgan Stanley yesterday of routinely failing to provide e-mail messages to aggrieved customers who had filed arbitration cases against the firm over three and a half years and with making false… Continue Reading

Partners Vote to Create “K&L Gates”

Posted in NEWS & UPDATES

Kirkpatrick & Lockhart Nicholson Graham LLP and Preston Gates & Ellis LLP Announce Combination Effective January 1, 2007 NEW YORK AND SEATTLE — Kirkpatrick & Lockhart Nicholson Graham LLP (K&LNG) and Preston Gates & Ellis LLP (PG&E) today announced that their partners have voted overwhelmingly in favor of a proposed combination of the two firms… Continue Reading

BREAKING NEWS: U.S. Deputy Attorney General Paul J. Mcnulty Revises Charging Guidelines for Prosecuting Corporate Fraud

Posted in NEWS & UPDATES

From the U.S. DOJ website: U.S. Deputy Attorney General Paul J. McNulty announced today during a speech at a meeting of the Lawyers for Civil Justice in New York that the Department of Justice is revising its corporate charging guidelines for federal prosecutors throughout the country. The new guidance revises the Thompson Memorandum, which was… Continue Reading

Court Sets Hearing for Plaintiff to Show Cause Why Complaint Should Not Be Dismissed With Prejudice as Sanction for Discovery Misconduct

Posted in CASE SUMMARIES

Exact Software N. Am., Inc. v. Infocon, Inc., 2006 WL 3499992 (N.D. Ohio Dec. 5, 2006) In this decision, the court concluded that plaintiff’s “persistent and egregious noncompliance with a series of discovery orders” fully warranted severe sanctions, including dismissal of its complaint and entry of default on defendant’s counterclaims. Among other failings, the court… Continue Reading

Dawson Quoted in Widely Carried AP Article

Posted in NEWS & UPDATES

The Associated Press recently turned to partner Martha Dawson as a source on new electronic discovery rules. The article, “Companies Face New Rules on Keeping Data,” appeared in national publications from The New York Times and The Wall Street Journal to other regional and online publications. The new rules require that lawyers meet much earlier… Continue Reading

Parties Agree That Responsive ESI To Be Collected From Defendant’s Active IT Environment, And Not From Backup Tapes

Posted in CASE SUMMARIES

In re Celexa and Lexapro Prods. Liab. Litig., 2006 WL 3497757 (E.D. Mo. Nov. 13, 2006) This constitutes the parties’ agreed order and statement as to a document management plan in this multi-district litigation concerning two prescription drugs. Among other things, the parties agreed that plaintiffs would preserve the hard drives of computers used by… Continue Reading

Court Enters Stipulated Electronic Discovery Plan and Order to Preserve Evidence

Posted in CASE SUMMARIES

Palgut v. City of Colo. Springs, 2006 WL 3483442 (D. Colo. Nov. 29, 2006) This order constitutes the parties’ stipulated Electronic Discovery Plan and Order to Preserve Evidence in this employment discrimination case. It includes definitions of various terms and sets out a number of discovery “protocols,” one of which relates to the format of… Continue Reading

Nunn Appointed Chairman of Subcommittee to Consider E-Discovery Specific Changes to Washington Court Rules

Posted in NEWS & UPDATES

In its October Meeting, the Washington Bar Association Court Rules and Procedures Committee appointed Preston Gates partner Todd L. Nunn as Chairman of the Electronically Stored Information Discovery Subcommittee. The mandate of the subcommittee is to consider whether amendments to Washington’s Civil Rules are needed to handle the specific challenges of the discovery of electronically… Continue Reading

Court Awards Full Costs of $20,472, Since Computer Forensics Experts Were “Particularly Necessary to Uncover Plaintiff’s Skulduggery”

Posted in CASE SUMMARIES

Plasse v. Tyco Elecs. Corp., 2006 WL 3445610 (D. Mass. Nov. 8, 2006) This decision follows the court’s earlier order on sanctions, summarized here, in which the court dismissed the complaint with prejudice and invited the defendant to file an application for attorneys’ fees. Defendant sought $79,524.07 in attorney’s fees and costs in the amount… Continue Reading

E-Discovery Amendments to the Federal Rules of Civil Procedure Go Into Effect Today

Posted in NEWS & UPDATES

The amendments to the Federal Rules of Civil Procedure concerning the discovery of “electronically stored information” go into effect today. The package includes revisions and additions to Rules 16, 26, 33, 34, 37, and 45, as well as Form 35. The complete set of e-discovery amendments, with the accompanying Advisory Committee notes, is available here…. Continue Reading