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

Monthly Archives: May 2007

Search and Production Costs of $7,200 Render Non-Party’s Ordinary ESI “Not Reasonably Accessible Due to Undue Burden”

Posted in CASE SUMMARIES

Guy Chem. Co. v. Romaco AG, 2007 WL 1521468 (N.D. Ind. May 22, 2007) In this breach of contract case, plaintiff Guy Chemical sought damages for, among other things, the loss of business from third parties.  Defendant Romaco subpoenaed records from ABRO Industries, Inc., a customer of plaintiff, to learn how much of ABRO’s business… Continue Reading

City Barely Avoids Spoliation Sanctions and Receives Harsh Reprimand

Posted in CASE SUMMARIES

Doctor John’s, Inc. v. City of Sioux City, 486 F. Supp. 2d 953 (N.D. Iowa 2007) Although the parties settled their respective claims, the court retained jurisdiction over the question of whether or not sanctions should be imposed upon the City for the destruction, during the pendency of litigation, of recordings of City Council closed sessions concerning… Continue Reading

Advisory Committee Modifies Proposed Evidence Rule 502 In Light of Public Comment Received, and Recommends Approval by Standing Committee

Posted in FEDERAL RULES AMENDMENTS

On May 15, 2007, the Advisory Committee on Evidence Rules issued its Report to the Standing Committee regarding its April 2007 meeting and its recommendations with respect to proposed Evidence Rule 502 on Waiver of Attorney-Client Privilege and Work Product.  (The 83-page Report is available here.)  The Report states that, at the April 2007 meeting,… Continue Reading

Search Software Gets Boost From New Rules

Posted in NEWS & UPDATES

By Samar Srivastava From today’s Wall Street Journal: "Demand for software that can search and locate emails, text messages, videos and spreadsheets is expected to surge in the wake of federal legislation requiring companies to make such information readily available in court proceedings. In December, Congress passed the Federal Rules of Civil Procedure, accelerating deadlines… Continue Reading

Evidence Rules Advisory Committee Approves Proposed New Evidence Rule 502, with Modifications

Posted in FEDERAL RULES AMENDMENTS

From the "What’s New" section of the U.S. Courts Federal Rulemaking website, regarding the actions of the various Advisory Committees this spring:  "At its April 12-13, 2007, meeting, the Advisory Committee on Evidence Rules considered public comments on proposed new Evidence Rule 502, which was published for comment in August 2006.  The advisory committee approved the… Continue Reading

Court Sets Out Detailed Guidelines for Discovery of ESI, Adapting “Suggested Protocol” of the District of Maryland

Posted in CASE SUMMARIES

O’Bar v. Lowe’s Home Centers, Inc., 2007 WL 1299180 (W.D.N.C. May 2, 2007) This is a putative class action in which the plaintiffs allege they were discriminated against because they were not minorities or females.  Finding that plaintiffs were entitled to limited precertification discovery, the court ordered the parties, pursuant to Rule 26(f), to jointly… Continue Reading

Chief U.S. Magistrate Judge Grimm Provides Detailed Analysis of Evidentiary Issues Associated with Electronic Evidence

Posted in CASE SUMMARIES

Lorraine v. Markel Am. Ins. Co., 241 F.R.D. 534 (D. Md. 2007) In this case, the parties filed cross-motions for summary judgment but failed to comply with the requirement of Rule 56 that they support their motions with admissible evidence.  Chief United States Magistrate Judge Paul W. Grimm denied both motions without prejudice to allow resubmission… Continue Reading

Discovery Savings: Going Native

Posted in NEWS & UPDATES

By James D. Sherman and Lori E. Steidl in the May 4, 2007 issue of ALM’s The Corporate Counselor. "In today’s litigation world, corporate counsel struggle to contain the ever-increasing costs of document discovery. The explosion of electronically stored information is often a huge contributor to the expense of discovery. Consultants, vendors and e-discovery software… Continue Reading

Court Uses Marginal Utility Test to Deny Motion to Compel Production of Deleted Emails from Backup Tapes

Posted in CASE SUMMARIES

Oxford House, Inc. v. City of Topeka, 2007 WL 1246200 (D. Kan. Apr. 27, 2007) This litigation arose from the City of Topeka’s decision to deny plaintiff’s request for conditional use permits.  Plaintiff propounded interrogatories seeking information related to the City’s decision on the permits, specifically requesting information about, among other things:  “Each and every communication related… Continue Reading

Senate subpoenas Gonzales on Rove e-mail

Posted in NEWS & UPDATES

Written by the Associated Press and posted on MSNBC on May 2, 2007: "Leahy not accepting White House explanation some may have been lost WASHINGTON – Senators subpoenaed Attorney General Alberto Gonzales Wednesday, ordering him to provide all e-mails related to presidential adviser Karl Rove and the firings of eight federal prosecutors. "It is troubling… Continue Reading