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

Monthly Archives: August 2007

Court Orders Solicitation of Bids From Forensic Computer Technicians to Assess Whether the Search and Restoration of Additional Data From Defendant’s Company Computers is Justified Under FRCP 26(b)(2)(C)


Peskoff v. Faber, 244 F.R.D. 54 (D.D.C. 2007) In this opinion, United States Magistrate Judge John M. Facciola continued attempts to resolve ongoing discovery issues in Plaintiff Jonathan Peskoff’s suit to recover damages for financial injury resulting from Defendant Michael Faber’s operation of a venture capital fund, called NextPoint Partners, LP.  Peskoff and Faber were… Continue Reading

Court Allows Summoned Attorneys to Be Represented by Counsel, and Grants Extension for Hearing on Order to Show Cause Why Sanctions Should Not Be Imposed


Qualcomm Inc. v. Broadcom Corp., No. 05-CV-1958-B (BLM), United States District Court for the Southern District of California The lawyers who represented Qualcomm in this unsuccessful patent litigation, who on August 13, 2007 were ordered to appear today to show cause (“OSC”) why sanctions should not be imposed against them for failure to comply with… Continue Reading

Information Temporarily Stored in Computer’s Random Access Memory (“RAM”) Constitutes “Electronically Stored Information” under FRCP 34(a)


Columbia Pictures, Inc. v. Bunnell, 245 F.R.D. 443 (C.D. Cal. 2007) In this opinion, the district court denied defendants’ motion for review of a prior discovery order that required defendants to begin preserving and subsequently produce certain data held in the random access memory (RAM) of defendants’ computer servers.  The court noted that, at the… Continue Reading

Event: Scenes From an E-Discovery Case

Posted in EVENTS

Los Angeles: Wednesday, September 26, 2007 San Francisco: Thursday, September 27, 2007 This interactive program is designed to educate in-house counsel, executives, paralegals, and IT professionals about e-discovery, the new Federal Rules of Civil Procedure, and steps that they should be taking now to achieve litigation readiness and reduce liability exposure. Through a series of… Continue Reading

ULC Approves New Uniform E-Discovery Rules for States

Posted in NEWS & UPDATES

From a release posted by the Uniform Law Commission on August 2: "A new act approved today by a national law group addresses the growing concern over the rules of discovery that courts must follow to access electronic information in civil cases.  The Uniform Rules Relating to Discovery of Electronically Stored Information was approved today… Continue Reading

Guidelines for State Trial Courts Regarding Discovery of Electronically-Stored Information


In August 2006, the Conference of Chief Justices approved the Guidelines for State Trial Courts Regarding Discovery of Electronically-Stored Information as a reference tool for state trial court judges faced by a dispute over e-discovery. These Guidelines are intended to help in identifying the issues and determining the decision- making factors to be applied in… Continue Reading

Error by FTC Reveals Whole Foods’ Trade Secrets

Posted in NEWS & UPDATES

By Christopher S. Rugaber from the Associated Press via Washingtonpost.com: "Federal regulators inadvertently released dozens of trade secrets in public court documents yesterday as they tried to block Whole Foods Market’s $565 million purchase of Wild Oats Markets. The Federal Trade Commission documents revealed that Whole Foods plans to close 30 or more Wild Oats… Continue Reading

Fourteen Attorneys to Appear and Show Cause Why Sanctions Should Not Be Imposed for “Organized Program of Litigation Misconduct and Concealment”

Posted in NEWS & UPDATES

Qualcomm Inc. v. Broadcom Corp., No. 05-CV-1958-B(BLM) (S.D. Cal. Aug. 13, 2007) (Order to Show Cause Why Sanctions Should Not Be Imposed) Today, Magistrate Judge Barbara Lynn Major, United States District Court for the Southern District of California, signed and entered an Order to Show Cause directing 14 attorneys, “and any and all other attorneys… Continue Reading

Spoliation Sanctions Not Warranted for Failure to Preserve Temporary Cache Files


Healthcare Advocates, Inc. v. Harding, Earley, Follmer & Frailey, 2007 WL 2085358 (E.D. Pa. July 20, 2007) Healthcare Advocates was the plaintiff in an earlier lawsuit that asserted claims for trademark infringement and misappropriation of trade secrets against a competitor.  The Harding firm represented the defendants in that lawsuit, which was dismissed on summary judgment. … Continue Reading

Rule 37(f) Safe Harbor Provision Requires a Routine System in Place and Some Affirmative Action by Party to Prevent System from Destroying or Altering Information


Doe v. Norwalk Community College, 2007 WL 2066497 (D. Conn. July 16, 2007) In this case, plaintiff Jane Doe sued Norwalk Community College ("NCC") and Ronald Masi claiming she was sexually assaulted by Masi, a former professor at the college.  Doe filed her complaint in November 2004, and in March 2006, Doe moved to compel… Continue Reading