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

Monthly Archives: July 2007

District Court Strikes Scheduling Order Provision that Shifted Costs of E-Discovery to Plaintiffs

Posted in CASE SUMMARIES

Pipefitters Local No. 636 Pension Fund v. Mercer Human Res. Consulting, Inc., 2007 WL 2080365 (E.D. Mich. July 19, 2007) In this brief order on plaintiffs’ objections to an amended scheduling order entered by the magistrate judge, the district court struck that portion of the amended scheduling order shifting the costs of electronic discovery to… Continue Reading

Standing Committee Approves Proposed New Evidence Rule 502

Posted in FEDERAL RULES AMENDMENTS

At its June 11-12, 2007, meeting, the Committee on Rules of Practice and Procedure approved the recommendations of the Advisory Committees on Evidence Rules and approved proposed new Evidence Rule 502 on Waiver of Attorney-Client Privilege and Work Product, among other proposed new rules and amendments.  The Committee also approved a letter to Congress accompanying… Continue Reading

Attachment of Protected Email to Service Copies of Motion Requesting its Return Constitutes Deliberate Disclosure to Adversaries, Waiving Any Privilege

Posted in CASE SUMMARIES

Kingsway Fin. Servs., Inc. v. Pricewaterhouse-Coopers LLP, 2007 WL 1837133 (S.D.N.Y. June 27, 2007) In this securities case, the parties had entered into a protective order which provided, among other things, that the inadvertent production of purportedly privileged documents would not operate as a waiver of any applicable privilege.  In August 2006, plaintiff produced an… Continue Reading

Government’s “Reckless Disregard” of Preservation Duty Warrants Spoliation Sanctions

Posted in CASE SUMMARIES

United Med. Supply Co., Inc. v. United States, 77 Fed. Cl. 257 (2007) In this decision, the United States Court of Federal Claims imposed sanctions against the United States based upon its “reckless disregard of its duty to preserve relevant evidence.”  The court opened its lengthy opinion and order with the following passage: “One man’s… Continue Reading

Court Declines to Order Municipality to Issue Litigation Hold

Posted in CASE SUMMARIES

Valdez v. Town of Brookhaven, 2007 WL 1988792 (E.D.N.Y. July 5, 2007) In this discrimination case, the court decided a number of discovery issues, including plaintiffs’ request that the defendants be directed to send out a litigation hold to the relevant Town employees to preserve records.  Denying the request, the court provided a brief explanation:… Continue Reading

The Sedona Conference® Publishes The Sedona Principles, Second Edition, Addressing Electronic Discovery

Posted in RESOURCES

SEDONA, AZ – The Sedona Conference®, the nation’s premier nonpartisan law and policy think tank, has announced publication of The Sedona Principles, Second Edition, Best Practices Recommendations and Principles for Addressing Electronic Document Production.  Building on the success of first edition of The Sedona Principles, which appeared in January 2004, the second edition has been… Continue Reading

Court Selects Search Terms and Sets Out Detailed Electronic Discovery Protocol in Light of Parties’ Inability to Collaborate

Posted in CASE SUMMARIES

Williams v. Taser Int’l, Inc., 2007 WL 1630875 (N.D. Ga. June 4, 2007) The court in this wrongful death case had previously held a hearing on outstanding discovery issues, and had directed each party to submit a proposed protocol to govern electronic discovery in the case.  Based on the parties’ filings, their representations during the… Continue Reading

“Willful Indifference” to Preservation Obligations Warrants Evidentiary and Monetary Sanctions

Posted in CASE SUMMARIES

Google Inc. v. Am. Blind & Wallpaper Factory, Inc., 2007 WL 1848665 (N.D. Cal. June 27, 2007) In this trademark litigation, Google sought terminating, evidentiary, or monetary sanctions based on the alleged failure of defendant American Blind to preserve, collect, and produce evidence.  Google’s motion was premised on two types of alleged misconduct:  First, Google… Continue Reading