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

Monthly Archives: September 2007

Morgan Stanley to Pay Millions for E-Mail Mismanagement

Posted in NEWS & UPDATES

By Elena Malykhina from InformationWeek, September 28, 2007: "The Financial Industry Regulatory Authority this week said Morgan Stanley has to pay $12.5 million in fines to resolve charges for mishandling e-mail dated before the Sept. 11, 2001, terrorist attacks. Morgan Stanley on numerous occasions failed to provide e-mails requested by claimants in arbitration proceedings and… Continue Reading

2007 Cohasset ARMA AIIM Electronic Records Management Survey Results Released

Posted in NEWS & UPDATES

From Cohasset:  "The survey’s conclusions are based on data compiled from more than 1600 respondents in 2007 and a total of more than 5500 in the survey’s four prior years – 1999, 2001, 2003 and 2005. Five major conclusions : 1. Most organizations have serious operational shortfalls regarding the processes by which they manage electronic… Continue Reading

Court Denies Motion to Compel Production of Plaintiff’s Personal Computer

Posted in CASE SUMMARIES

Benton v. Dlorah, Inc., 2007 WL 2225946 (D. Kan. Aug. 1, 2007) In this employment discrimination case, defendants moved to compel plaintiff to provide complete responses to requests for production, to produce the hard drive of her personal computer for inspection and copying, and to stop destroying emails and other relevant evidence.  Defendants had requested… Continue Reading

Court Denies Non-Party’s Motion to Quash Subpoena and Orders Production of Responsive ESI

Posted in CASE SUMMARIES

Auto Club Family Ins. Co. v Ahner, 2007 WL 2480322 (E.D. La., Aug. 29, 2007) Non-parties Rimkus Consulting Group, Inc. and Rimkus Consulting Group, Inc. (collectively "Rimkus") filed a motion to quash the subpoena duces tecum served on them by defendants Christopher and Jennifer Ahner (“the Ahners”), and for a protective order.  Rimkus had, on behalf… Continue Reading

Qualcomm Firms Seek to Pierce Privilege

Posted in NEWS & UPDATES

From The Recorder by Jessie Seyfer via Law.com: "Attorneys who once represented Qualcomm Inc. in its ill-fated federal patent case against Broadcom Corp. have asked a judge to pierce their client’s privileged communications. With the threat of formal sanctions bearing down on them, lawyers at Heller Ehrman and Day Casebeer Madrid & Batchelder — Qualcomm’s… Continue Reading

DC Bar Releases Ethics Opinion on Metadata Mining

Posted in NEWS & UPDATES

This month, the Legal Ethics Committee of the District of Columbia Bar issued Ethics Opinion 341 on the review and use of metadata in electronic records. Attempting to create a compromise position on the issue of metadata mining, the committee found that a lawyer receiving electronic records from an adversary is prohibited from reviewing the… Continue Reading

Court Orders Additional Efforts be Undertaken to Locate ESI, Denies Plaintiff’s Request for Access to Defendant’s Internal Databases

Posted in CASE SUMMARIES

Butler v. Kmart Corp., 2007 WL 2406982 (N.D. Miss. Aug. 20, 2007) In this order, the court considered plaintiff’s motion to compel Kmart to respond to several discovery requests.  The court granted the motion in part, and denied it in part. Two of the issues considered by the court touched directly on the discovery of… Continue Reading

Sanctions Warranted for Defendant’s “Purposefully Sluggish” Discovery Efforts and Failure to Produce “Usable” or “Reasonably Accessible” Documents

Posted in CASE SUMMARIES

In re Seroquel Prods. Liab. Litig., 244 F.R.D. 650 (M.D. Fla. 2007) In this opinion, United States Magistrate Judge David A. Barker considered Plaintiffs’ motion for sanctions based on the failure of defendant AstraZeneca (“AZ”) to timely comply with various discovery obligations. In April 2007, Plaintiffs had filed a motion to compel completed production of various… Continue Reading

Using “Special e-Discovery Counsel” to Gain a Litigation Edge

Posted in NEWS & UPDATES

By K&L Gates partner David R. Cohen This article appears in the September 2007 issue of Metropolitan Corporate Counsel, and discusses the role of Special e-Discovery Counsel in complex litigation, as well as best practices for hiring and getting the most out of this specialized team.  View the article online, or in .pdf format here.