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

Monthly Archives: November 2007

The Biggest Data Disaster Ever

Posted in NEWS & UPDATES

From The Red Tape Chronicles, Posted:  Friday, November 30 at 05:15 am CT by Bob Sullivan: "It’s being called the worst data leak of the information age.  Earlier this month, U.K. officials had to admit they’d lost hard drives containing personal information on almost half the country’s population, including nearly all families with children.  If… Continue Reading

Court Defers Ruling on Defense Request to Inspect Hard Drives and for Sanctions, Ordering Plaintiff to Submit Affidavit Detailing Why Certain Emails were “Unloadable” and Efforts Taken to Retrieve the Information


U & I Corp. v. Advanced Med. Design, Inc., 2007 WL 4181900 (M.D. Fla. Nov. 26, 2007) In this breach of contract case, plaintiff sought a protective order blocking the production of documents by a non-party in response to defendant’s subpoena.  The court found that plaintiff had not established good cause for the protective order,… Continue Reading

Plaintiffs Fail to Establish that Email in LotusNotes Format was “Not Reasonably Accessible Because of Undue Burden or Cost”


Parkdale Am., LLC v. Travelers Cas. and Sur. Co. of Am., Inc., 2007 WL 4165247 (W.D.N.C. Nov. 19, 2007) In this case, Carolina corporations that manufacture and sell cotton yarn sought a declaratory judgment that, pursuant to an insurance contract, the defendant was obligated to defend and indemnify plaintiffs concerning claims in ten underlying antitrust… Continue Reading

Head of Rove Inquiry in Hot Seat Himself

Posted in NEWS & UPDATES

From the Wall Street Journal, November 28, 2007, Page A6, by John R. Wilke: "The head of the federal agency investigating Karl Rove’s White House political operation is facing allegations that he improperly deleted computer files during another probe, using a private computer-help company, Geeks on Call. Scott Bloch runs the Office of Special Counsel,… Continue Reading

Plaintiff Ordered to Preserve Graphic Images Stored on Cell Phone


Smith v. Cafe Asia, 246 F.R.D. 19 (D.D.C. 2007) Plaintiff was formerly employed as a host and waiter at Café Asia, a restaurant located in Washington, D.C.  Plaintiff claimed that he was the victim of discrimination based on his sexual orientation, and that he was the subject of assault and battery in the form of unwanted… Continue Reading

Sanctions Not Warranted for Failure to Produce ESI in Native Format with Intact Metadata


Mich. First Credit Union v. Cumis Ins. Soc’y, Inc., 2007 WL 4098213 (E.D. Mich. Nov. 16, 2007) In May 2007, the court entered an order granting plaintiff’s motion to compel discovery and directing defendant to supplement its discovery responses specifically with regard to electronically stored documents.  In its initial objections to the discovery requests, defendant… Continue Reading

Court Orders Re-Production of ESI at Producing Party’s Expense Where Vendor’s Processing Error Caused Thousands of Emails to be Separated from Their Attachments


PSEG Power New York, Inc. v. Alberici Constructors, Inc., 2007 WL 2687670 (N.D.N.Y. Sept. 7, 2007) Magistrate Judge Randolph F. Treece began his memorandum decision and order in this construction litigation with these introductory remarks: With the rapid and sweeping advent of electronic discovery, the litigation landscape has been radically altered in terms of scope,… Continue Reading

Court Grants Plaintiffs’ Motion for Preservation Order


In re Nat’l. Security Agency Telecomms. Records Litig., 2007 WL 3306579 (N.D. Cal. Nov. 6, 2007) In this brief order, Chief Judge Vaughn R. Walker granted plaintiffs’ motion for an order prohibiting the alteration or destruction of evidence during the pendency of the action.  Among other things, the court ordered: Counsel are directed to inquire of… Continue Reading

Defendant Not Required to Re-Produce Entire Document Production in Native Electronic Format


Schmidt v. Levi Strauss & Co., 2007 WL 2688467 (N.D. Cal. Sept. 10, 2007) (Not for Citation) Plaintiffs brought this action under the Sarbanes-Oxley Act, claiming they were terminated in retaliation for filing complaints about defendants’ alleged tax fraud and other accounting irregularities.  Among other relief requested in their motion to compel, plaintiffs asked the… Continue Reading

Judge Orders White House to Preserve Backup Media


Citizens for Responsibility & Ethics in Washington v. Executive Office of the President, No. 1:07-cv-01707-HHK (D.D.C. Nov. 12, 2007) On Monday, November 12, 2007, Judge Henry H. Kennedy, Jr. adopted the Report and Recommendation of Magistrate Judge John M. Facciola and ordered the White House to:  “preserve media, no matter how described, presently in their… Continue Reading

David R. Cohen to Speak at Pennsylvania Bar Institute E-Discovery CLE

Posted in EVENTS

E-Discovery Friday, November 16, 2007 9 a.m. – 4:30 p.m. Koppers Building, Ninth Floor 436 Seventh Avenue Pittsburgh, PA This program, sponsored by the Pennsylvania Bar Institute, will explore current and future discovery rules and their impact on e-discovery; impart techniques technologists employ to find electronic information; describe the types of information available for discovery… Continue Reading

Court Orders Defendant Tennessee State Agencies to Produce Responsive ESI, Including All Metadata and Deleted Information; Potentially Shifts Costs to Defendants as Sanction for Failure to Implement Effective Litigation Hold and Other Discovery Miscues


John B. v. Goetz, 2007 WL 3012808 (M.D. Tenn. Oct. 10, 2007) This case is a class action on behalf of roughly 550,000 children who are entitled under federal law to medical services that include early and periodic screenings for their physical well being, including their dental and behavioral health needs, along with any necessary… Continue Reading

Email Communications Between Physician and His Attorney Exchanged Over Hospital’s Email System Not Protected by Attorney-Client Privilege or Work Product Doctrine


Scott v. Beth Israel Med. Center Inc., 2007 WL 3053351 (N.Y. Sup. Ct. Oct. 17, 2007) Plaintiff is a physician who sued for breach of contract based upon his termination from defendant hospital (“BI”).  Under the contract at issue, BI agreed to pay Dr. Scott $14 million in severance pay if he was terminated without… Continue Reading

Public Policy Dictates that Web-Based Privileged Emails Be Protected, Notwithstanding Employer’s Right to Inspect Laptop Contents under Email Policy


Sims v. Lakeside School, 2007 WL 2745367 (W.D. Wash. Sept. 20, 2007) In this employment discrimination case, defendant Lakeside sought an order from the court allowing the review of a hard drive image of a laptop computer furnished to plaintiff while he was employed at Lakeside.  After plaintiff’s counsel raised an objection to the imaging… Continue Reading

Defendants Granted Opportunity to Review and Object to Proposed Search Terms and Parameters Before Searches are Executed on Mirror Images of Defendants’ Hard Drives


Verigy US, Inc. v. Mayder, 2007 WL 3144577 (N.D. Cal. Oct. 24, 2007) (Not for Citation) In this misappropriation of trade secrets case, plaintiff had been granted leave to conduct some expedited discovery prior to the court’s hearing on plaintiff’s motion for preliminary injunction.  In addition, defendants had been ordered to preserve all evidence, including all… Continue Reading