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

Monthly Archives: January 2008

Court Declines to Order Production of Metadata Where Request for Production Did Not Specify Production in Original Format, and Orders Evidentiary Hearing on Spoliation Allegations


D’Onofrio v. SFX Sports Group, Inc., 247 F.R.D. 43 (D.D.C. 2008) In this contentious employment discrimination case, Magistrate Judge John M. Facciola resolved a number of discovery disputes relating to the production of electronically stored information. Among other relief, plaintiff sought the production of a certain business plan in its original electronic format, with accompanying metadata. … Continue Reading

Managing Discovery of Electronic Information: A Pocket Guide for Judges


By Barbara J. Rothstein, Ronald J. Hedges, and Elizabeth C. Wiggins Federal Judicial Center (2007) This “Pocket Guide” identifies problems that recur during the course of electronic discovery, and presents management tools that federal judges may use for responding to them.  The 26-page publication may be downloaded from the Federal Judicial Center’s website, free of… Continue Reading

List of States Actively Considering the Adoption of Special E-Discovery Court Rules


A number of states are considering whether to adopt special court rules addressing the discovery of electronically stored information.  Here is a current list of those states that have published proposed rules amendments for public comment, with links to the relevant materials. Alaska Currently seeking public comment on proposed rules; deadline is Friday, 2/29/2008. Request… Continue Reading

Virginia Supreme Court Seeking Public Comment on Proposed E-Discovery Amendments

Posted in NEWS & UPDATES

The Virginia Supreme Court’s Advisory Committee on Rules of Court has unanimously concluded that it should publish a Tentative Draft of possible rules amendments on the topic of electronic discovery.  The Tentative Draft takes into account the detailed comments on an initial discussion draft circulated several months ago.  It is the Advisory Committee’s plan to… Continue Reading

Alaska Supreme Court Seeks Public Comment on Proposed E-Discovery Amendments

Posted in NEWS & UPDATES

The Alaska Supreme Court is now seeking public comment on a proposal to amend the Alaska Rules of Court to align Alaska’s discovery rules with the December 2006 federal rules amendments addressing the discovery of electronically stored information.  The Civil Rules Committee is recommending amendments to Alaska’s Civil Rules 16, 26, 33, 34, 37, and… Continue Reading

Chart Highlights White House E-Mail Gap

Posted in NEWS & UPDATES

From a January 18, 2008 article by Pete Yost of the Associated Press: A White House chart indicates no e-mail was archived on 473 days for various units of the Executive Office of the President, a House committee chairman says. Rep. Henry Waxman, D-Calif., says a White House spokesman’s comments suggesting no e-mail had disappeared… Continue Reading

White House Responds to Questions Posed by Magistrate Judge John M. Facciola Regarding Backup Media and Email

Posted in NEWS & UPDATES

Citizens for Responsibility & Ethics in Washington v. Executive Office of the President, No. 1:07-cv-01707-HHK (D.D.C. Jan. 15, 2008) On January 15, 2008, a declaration authored by the White House’s Chief Information Officer was filed in response to the Court’s January 8 Order, discussed in our January 10, 2008 post on the subject.  The declaration… Continue Reading

California Judicial Council Seeks Public Comment on Proposed E-Discovery Amendments

Posted in NEWS & UPDATES

To modernize civil discovery law and improve the procedures for handling the discovery of electronically stored information, the Judicial Council of California has proposed amending California’s Civil Discovery Act and two rules in the California Rules of Court on the management of civil cases. The proposal has two parts.  First, it would amend the Civil… Continue Reading

Arkansas Supreme Court Approves Amendments to Evidence Rule 502 and Civil Procedure Rule 26(b)(5) to Address Inadvertent Disclosure of Privileged Information or Work Product

Posted in NEWS & UPDATES

On January 10, 2008, the Arkansas Supreme Court accepted the Committee on Civil Practice’s proposals for changes in the Arkansas Rules of Civil Procedure and Rules of Evidence to address the inadvertent disclosure of information protected by the attorney-client privilege, or any other evidentiary privilege, or the work product doctrine.  The amendments go into effect… Continue Reading

Microsoft E-Discovery Summits

Posted in EVENTS

Please join us for in-depth information and discussion about the legal impact of recent amendments to the Federal Rules of Civil Procedure. Hosted by Microsoft and featuring speakers from K&L Gates, these summits will help equip your company to comply with evolving federal e-discovery requirements and help avoid costly penalties. To register, or to find… Continue Reading

Court Orders White House to Provide Additional Information About Backup Media Being Preserved


Citizens for Responsibility & Ethics in Washington v. Executive Office of the President, No. 1:07-cv-01707-HHK (D.D.C. Jan. 8, 2008) This case involves a claim by the National Security Archive (“the Archive”) and Citizens for Responsibility & Ethics in Washington that several million email messages were improperly deleted from White House computer servers.  Plaintiffs have requested… Continue Reading

Court Sanctions Qualcomm $8,568,633, Orders Certain In-House and Former Outside Counsel to Participate in “Case Review and Enforcement of Discovery Obligations” Program, and Refers Investigation of Possible Ethical Violations to California State Bar


Qualcomm Inc. v. Broadcom Corp., 2008 WL 66932 (S.D. Cal. Jan. 7, 2008) On Monday, January 7, 2008, United States Magistrate Judge Barbara L. Major issued her Order on Broadcom’s Motion for Sanctions related to Qualcomm’s failure to produce tens of thousands of documents that Broadcom had requested in discovery.  (A copy of the January… Continue Reading

The Computer Forensics Show

Posted in EVENTS

Washington Convention Center 801 Mt. Vernon Place NW Washington, DC 20001 February 4-6, 2008 K&L Gates partner David E. Cohen will be presenting the opening day keynote address at this inaugural computer forensics event.  David’s presentation, entitled "A Litigation ‘Perfect Storm’:  Why Data Proliferation and E-Discovery are Battering U.S. Businesses,” will begin at 6 p.m…. Continue Reading

Texas Appellate Court Upholds Discovery Order Requiring Party to Allow Opposing Party’s Expert to Create Mirror Images of Office Computer Hard Drives


In re Honza, 2007 WL 4591917 (Tex. App. Dec. 28, 2007) Defendants in underlying real estate litigation sought a writ of mandamus compelling the trial court to set aside a discovery order that required them to permit a forensic expert to create a mirror image of each of the computer hard drives in their office… Continue Reading

County’s “Foot Dragging” in Discovery and Failure to Implement Legal Hold Warrant Monetary Sanctions, but not Default Judgment or Adverse Inference Instruction


Toussie v. County of Suffolk, 2007 WL 4565160 (E.D.N.Y. Dec. 21, 2007) In this case, plaintiffs alleged that their civil rights had been violated when the defendants denied them the opportunity to purchase real estate at auction.  The email dispute was first brought to the court’s attention in August 2006, when the plaintiffs moved to… Continue Reading