Archive - March 13, 2007

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Holding that Accessible Data Must be Produced at the Cost of the Producing Party, Court Orders Defendant to Conduct Further Email Search
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Intel Faces Up to E-Mail Retention Problems in AMD Lawsuit

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

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 of several places: (1) Peskoff’s NextPoint Management email account; (2) the email accounts of other employees, agents, officers and representatives of the NextPoint entities; (3) the hard drive of Peskoff’s computer or any other depository for NextPoint emails, searchable with key words; (4) other places within Peskoff’s computer, such as its ‘slack space,’ searchable with the help of a computer forensic technologies; and (5) backup tapes of Mintz Levin’s servers.” In the previous order, the court had ordered defendant to submit an affidavit describing in detail the nature and scope of its search for responsive electronically stored information.

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

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 tussle with a major competitor, AMD—largely because its own internal e-mail archiving system apparently isn’t doing the job.

A U.S. federal judge on March 7 gave the world’s largest microprocessor maker 30 days to try to recover about 1,000 lost e-mails that it was required to keep for an antitrust lawsuit filed by its biggest competitor, AMD, in 2005.

Judge Joseph Farnan of the U.S. District Court in Delaware referred the lost e-mail matter to the so-called special master—a court official who follows up such orders for the judge. The judge also ordered Intel to file a detailed report on how it will try to recover the e-mail evidence."

To learn more about the "document retention lapses" that occurred at Intel, read Intel’s counsel’s letter to the court dated March 5, 2007, here.

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