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

Monthly Archives: June 2007

RAM and FRCP 34 Lock Horns


In a June 19, 2007 article in the New York Law Journal (subscription required), and a June 27, 2007 article appearing on www.law.com, K&L Gates partner Kelly D. Talcott writes: A recent e-discovery decision from the U.S. District Court for the Central District of California provides an opportunity to reflect a bit on the permanence of storage media. … Continue Reading

2006 E-Discovery Amendments Do Not Require Forensic Computer Search as a Matter of Course; Court Orders Parties to Meet and Confer on Certain Issues


Scotts Co. LLC v. Liberty Mut. Ins. Co., 2007 WL 1723509 (S.D. Ohio June 12, 2007) In this case, plaintiff asked the court to enter a discovery order to "ensure the production of all electronically stored information in an acceptable format as required by law and the most recent amendments to the Federal Rules of… Continue Reading

RAM Ruling Portends a New E-Discovery Brawl

Posted in NEWS & UPDATES

By Jesse Seyfer from The Recorder: A federal magistrate’s order that stops a Web site from routinely tossing relevant data could, if replicated, carry broad e-discovery implications. Magistrate Judge Jacqueline Chooljian’s May 29 order requires TorrentSpy to turn over customer data only ephemerally kept in its computers’ random access memory, or RAM. It could result… Continue Reading

Court Enters Detailed Agreed Order Regarding Preservation of ESI, Documents and Other Tangible Items


In re Genetically Modified Rice Litig., 2007 WL 1655757 (E.D. Mo. June 5, 2007) This order constitutes the parties’ Agreed Order Regarding Preservation of Communications, Documents, Electronic Data, and Other Tangible Items, intended to govern the parties’ preservation efforts in these consolidated MDL proceedings.  The Agreed Order contains two parts: a lengthy definitional section and… Continue Reading

Magistrate Judge Facciola Orders Production of Email from Backup Tapes in Light of Party’s Failure to Suspend Email System’s Automatic Deletion Feature


Disability Rights Council of Greater Wash. v. Wash. Metro. Area Transit Auth., 2007 WL 1585452 (D.D.C. June 1, 2007) In this case, disabled plaintiffs claimed that WMATA failed to provide adequate paratransit services through the MetroAccess program and that the service provided was materially inferior to the services available to people without disabilities.  Discovery was… Continue Reading

Court Denies Plaintiff Direct Access to Mirror Images of Defendants’ Hard Drives; Defense Expert to Conduct Forensic Search with Ongoing Input from Plaintiff and Plaintiff’s Expert


Calyon v. Mizuho Secs. USA Inc., 2007 WL 1468889 (S.D.N.Y. May 18, 2007) This case involved claims against former employees (the “Individual Defendants”) and their new employer for the misappropriation of confidential business information.  According to Calyon, the Individual Defendants used email and small, hand-held computer storage devices to remove vast quantities of Calyon’s business… Continue Reading

U.S. District Court for the Northern District of Ohio Adopts Default Standards for E-Discovery

Posted in NEWS & UPDATES

Effective June 4, 2007, the U.S. District Court for the Northern District of Ohio has incorporated a Default Standard for Discovery of Electronically Stored Information ("E-Discovery") as Appendix K to its Local Civil Rules.  Although the Court expects parties to cooperatively reach agreement on how to conduct e-discovery, in the event that such agreement has… Continue Reading

Electronic Delivery of Consumer Disclosures – New Rules Go Back to the Future

Posted in NEWS & UPDATES

On April 20, 2007, the Federal Reserve Board (the “FRB”) issued a proposal to withdraw portions of five interim final rules that address the electronic delivery of required consumer disclosures. The regulations are: B (implementing the Equal Credit Opportunity Act), E (implementing the Electronic Funds Transfer Act), M (implementing the Consumer Leasing Act), Z (implementing… Continue Reading