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

Monthly Archives: March 2007

Costs of Special Master Appointed to Manage Discovery of City’s Computers to be Paid by City as Spoliation Sanction

Posted in CASE SUMMARIES

Padgett v. City of Monte Sereno, 2007 WL 878575 (N.D. Cal. Mar. 20, 2007) Plaintiffs in this litigation sued the city of Monte Sereno and several city employees for civil rights violations and other torts.  Among other things, plaintiffs alleged that certain city employees had sent plaintiffs an anonymous, threatening letter that included a newspaper… Continue Reading

10 Worst E-Discovery Mistakes and How to Avoid Them

Posted in EVENTS

K&L Gates partner Todd L. Nunn will highlight some of the most common e-discovery blunders that parties and their counsel make, and offer practical guidance on how to avoid these missteps, at the Washington State Bar Association’s upcoming CLE event entitled "DARE TO DISCOVER: How to Employ and Respond to Discovery Tactics."  The program will take place… Continue Reading

Though Relevant, Defendant’s Litigation Hold Notices Were Protected From Discovery by Attorney-Client Privilege

Posted in CASE SUMMARIES

Capitano v. Ford Motor Co., 831 N.Y.S.2d 687 (N.Y. Sup. Ct. 2007) In this product liability case, plaintiffs sought production of defendant’s “suspension orders,” also known as "litigation hold notices."  Plaintiffs argued that the suspension orders should be produced in light of the fact that Ford was unable to produce certain documents.  Plaintiffs contended that, with access to… Continue Reading

$1.58 Billion Judgment Against Morgan Stanley Reversed

Posted in NEWS & UPDATES

Morgan Stanley & Co., Inc. v. Coleman (Parent) Holdings, Inc., No. 4D05-2606 (Fla. Dist. Ct. App. Mar. 21, 2007) In a 2-1 decision, a Florida state appellate court today reversed the $1.58 billion judgment against Morgan Stanley in the litigation brought by Coleman (Parent) Holdings, Inc.  Judgment was reversed on the grounds that plaintiff failed… Continue Reading

Court Sustains Objections to Many Requests in Light of Burden Claimed, But Orders Production of Certain Documents in Electronic Format

Posted in CASE SUMMARIES

Bolton v. Sprint/United Mgmt. Co., 2007 WL 756644 (D. Kan. Mar. 8, 2007) This is an age discrimination case brought by thirteen individual plaintiffs, based upon a corporate reduction-in-force ("RIF") by defendants.  In this decision, the court ruled upon plaintiffs’ motion to compel defendants to produce certain documents, including databases and spreadsheets.  Among other objections,… Continue Reading

Court Orders Defendant to Restore One-Fourth of Its Backup Tapes, at Defendant’s Expense, Given Gaps in Production

Posted in CASE SUMMARIES

AAB Joint Venture v. United States, 75 Fed. Cl. 432 (Fed. Cl. 2007) In this construction litigation involving claims for additional compensation based on differing site conditions, plaintiff moved to compel discovery.  Plaintiff noted that defendant had identified in its discovery responses numerous individuals who were active in the review of the project design, and who… Continue Reading

What You Need to Know About Public Records and Open Meetings in Oregon

Posted in EVENTS

March 27, 2007 9:00 a.m. to 4:30 p.m. Hotel Monaco Portland 506 Southwest Washington Street Portland, OR 97204 K&L Gates partner Helen Bergman Moure will be presenting at this practical seminar which will provide invaluable information on Oregon public meetings laws. The panel will discuss how to efficiently request electronically stored records and how to… Continue Reading

Defendant to Certify it Produced All Responsive Documents, Where Deposition Testimony Cast Doubt on Counsel’s Diligence in Monitoring Production Efforts

Posted in CASE SUMMARIES

School-Link Techs., Inc. v. Applied Res., Inc., 2007 WL 708213 (D. Kan. Feb. 28, 2007) In this contract case, plaintiff sought entry of judgment and other sanctions based upon defendant’s failure to implement a litigation hold to preserve relevant documents in the custody of one of its key employees, and its alleged failure to search… Continue Reading

Equivocal Demand Letters Did Not Trigger Duty to Preserve; No Duty To Run System-Wide Key Word Searches

Posted in CASE SUMMARIES

Cache La Poudre Feeds, LLC v. Land O’ Lakes, Inc., 2007 WL 684001 (D. Colo. Mar. 2, 2007) In this trademark infringement case, plaintiff sought various forms of relief for defendants’ alleged discovery violations, including the appointment of a special master (at defendants’ expense) who would be charged with evaluating defendants’ discovery production efforts and,… Continue Reading

Holding that Accessible Data Must be Produced at the Cost of the Producing Party, Court Orders Defendant to Conduct Further Email Search

Posted in CASE SUMMARIES

Peskoff v. Faber, 240 F.R.D. 26 (D.D.C. 2007) A previous e-discovery order in this case dated July 11, 2006, was summarized here. At that time, the parties had disagreed about whether certain additional emails existed. Magistrate Judge John M. Facciola had explained that the requested emails, “if they exist, could be located in one or more… Continue Reading

Intel Faces Up to E-Mail Retention Problems in AMD Lawsuit

Posted in NEWS & UPDATES

From the March 7 archives of eWeek.com: "Updated: News Analysis: A judge gives the company 30 days to find missing e-mails; meanwhile, Intel’s foibles reveal a prime example of what businesses of all sizes now face since the institution of new federal e-discovery court rules. Intel is facing some big-time legal problems in its 2-year-old legal… Continue Reading

Nunn Authors Document Preservation Chapter for DRI Treatise

Posted in NEWS & UPDATES

K&L Gates partner Todd Nunn, together with DATG & Records Management practice attorneys Ted Webber, Mike Goodfried and Trudy Tessaro, co-authored a chapter on the preservation of electronically stored information in DRI’s recently published treatise, Understanding the New E-Discovery Rules.  This chapter examines the duty to preserve documents and other information, particularly electronically stored information, that is… Continue Reading

Court Sets Out Imaging, Recovery and Disclosure Protocols for Imaging of Defendants’ Computer Equipment by Plaintiff’s Computer Forensics Expert

Posted in CASE SUMMARIES

Cenveo Corp. v. Slater, 2007 WL 442387 (E.D. Pa. Jan. 31, 2007) In this case, plaintiff alleged that its former employees improperly used plaintiff’s computers, confidential information and trade secrets to divert business from plaintiff to defendants. In discovery, the parties disputed how and under what circumstances materials on hard drives in defendants’ possession would… Continue Reading

Conclusory Statements About Costs Are Insufficient to Shield Information from Discovery Under FRCP 26(b)(2)(B)

Posted in CASE SUMMARIES

Best Buy Stores, L.P. v. Developers Diversified Realty Corp., 2007 WL 333987 (D. Minn. Feb. 1, 2007) In this order, District Court Judge David S. Doty concluded that a discovery order issued by Magistrate Judge Jeanne J. Graham was neither clearly erroneous nor contrary to law. The January 4, 2007 discovery order required, among other… Continue Reading