Electronic Discovery Law

Posted at 9:21 PM on January 8, 2007 by K&L Gates

Court Orders Expert Witness to Preserve Evidence in Drug Case

In re Zyprexa Prods. Liab. Litig., 2006 WL 3821491 (E.D.N.Y. Dec. 28, 2006)

In this order, the court ordered plaintiff’s expert witness to “immediately preserve any and all documents and information including, but not limited to, all computer(s), hard-drives, other electronic storage media, hardcopy documents, emails, e-documents, text messaging, instant messaging, phone records and voice mails, that refer or relate to Zyprexa,” his receipt of confidential documents, his obligations under various case management orders, and various other topics. The court cautioned that, if anything responsive to the order had been deleted or destroyed, “any and all relevant computers” were to be produced to permit forensic examination and recovery of such documents.

A copy of a New York Times article filed in the case and providing some background for the order is here.

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