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

Monthly Archives: March 2008

Avoiding E-Discovery Pitfalls

Posted in NEWS & UPDATES

By K&L Gates partner David R. Cohen This article appears in the March 2008 edition of BizTech Magazine, and begins: If you’re not currently involved in litigation or an investigation and won’t be in the future, then e-discovery isn’t something your business needs to concern itself with.  The rub is that it’s often impossible to… Continue Reading

Court Sets Protocol for Production and Review of Text Messages

Posted in CASE SUMMARIES

Flagg v. City of Detroit, 2008 WL 787061 (E.D. Mich. Mar. 20, 2008) Plaintiff in this case is the minor son of a murder victim, whose murder remains unsolved.  The complaint alleges that the defendants engaged in a laxity in investigation, deliberately ignored and actively concealed material evidence, and deprived the plaintiff of an opportunity… Continue Reading

Court Approves Retention of Independent Technology Expert to Build, Maintain and Operate Discovery Database to Ensure Consistency, Reliability and Accessibility of Information

Posted in CASE SUMMARIES

In re World Trade Ctr. Disaster Site Litig., 2008 WL 793578 (S.D.N.Y. Mar. 24, 2008) This litigation concerns claims relating to respiratory injuries suffered by rescue and clean-up workers as a result of exposure to toxins and other contaminants in the aftermath of the September 11, 2001 terrorist attacks.  Approximately 10,000 cases are before the… Continue Reading

4th Annual Life Sciences Counsel Guide to Document Management, E-Discovery, and Litigation Readiness

Posted in EVENTS

Monday & Tuesday, March 31 & April 1, 2008 Doubletree Metropolitan Hotel 569 Lexington Avenue New York, NY 10022 K&L Gates partner David R. Cohen is a co-chair of this informative two-day conference.  He and K&L Gates partner Martha J. Dawson will be among those presenting and participating on panels, offering practical advice on records management,… Continue Reading

Federal Court Allows Plaintiff to Amend Complaint to Assert State Law Spoliation Cause of Action Based on Defendant’s Failure to Implement Litigation Hold

Posted in CASE SUMMARIES

Ed Schmidt Pontiac-GMC Truck, Inc. v. DaimlerChrysler Motors Co., LLC, 538 F. Supp. 2d 1032 (N.D. Ohio 2008) In this case, an automobile dealer brought suit alleging that DaimlerChrysler had breached a settlement agreement when it refused to grant the dealer a Chrysler franchise.  During the two years of discovery that followed, Schmidt alleged that… Continue Reading

Magistrate Judge Orders Expedited Forensic Imaging of Defendants’ Computers

Posted in CASE SUMMARIES

Xpel Techs. Corp. v. Am. Filter Film Distribs., 2008 WL 744837 (W.D. Tex. Mar. 17, 2008) In this brief order, the magistrate judge granted plaintiff’s motion for expedited computer forensic imaging, finding that good cause had been established.  The magistrate judge ruled that the costs of the forensic imaging would be borne by the plaintiff,… Continue Reading

District Court Modifies Magistrate Judge’s Order Requiring Production of Forensically Sound Copies of Defendant’s Servers to Allow for Pre-Production Privilege Review

Posted in CASE SUMMARIES

Bro-Tech Corp. v. Thermax, Inc., 2008 WL 724627 (E.D. Pa. Mar. 17, 2008) In this case involving claims of misappropriation of trade secrets, defendants objected to an order of a magistrate judge requiring them to disclose "forensically sound" images of certain data storage devices (Thermax’s India and Michigan servers) to plaintiffs’ counsel without any limitation as… Continue Reading

No Sanctions Warranted for Failure to Produce “Smoking Gun” Email, Where Email System Did Not Retain Any Sent Emails

Posted in CASE SUMMARIES

Clearone Communications, Inc. v. Chiang, 2008 WL 704228 (D. Utah Mar. 10, 2008) In this case involving claims of misappropriation of trade secrets, breach of contract and conversion, plaintiff sought sanctions for two claimed wrongs:  (1) defendants’ belated production of, and misrepresentations about, source code complete with developer comments; and (2) defendants’ failure to produce… Continue Reading

Magistrate Judge Sets Protocol for Plaintiff’s Forensic Examination of Former Employee’s Computer and Requests Affidavit from Expert Explaining Certain Issues

Posted in CASE SUMMARIES

Equity Analytics, LLC v. Lundin, 248 F.R.D. 331 (D.D.C. 2008) In this case, plaintiff Equity Analytics claimed that defendant, its former employee, gained illegal access to electronically stored information after he was fired.  Defendant explained that another Equity employee had granted him permission to use the employee’s username and password to access a particular Equity computer… Continue Reading

District Court Lifts Sanctions Against Six Qualcomm Attorneys, Remands Attorney Sanctions Issue to Magistrate Judge to Allow Attorneys to Defend Selves Fully

Posted in NEWS & UPDATES

On March 5, 2008, District Judge Rudi M. Brewster issued his Order Remanding in Part Order of Magistrate Court re Motion for Sanctions Dated 1/7/08.  (View a copy of the decision from Westlaw here.)  The order vacated and remanded that portion of the January 7 Sanctions Order imposing sanctions against Qualcomm’s six outside counsel.  In doing so, the District… Continue Reading

Bald Assertions of Burden Insufficient Under Rule 26(b)(2)(B); Ball Club Ordered to Produce Remaining Email Using Previously Agreed-Upon Search Terms

Posted in CASE SUMMARIES

City of Seattle v. Prof’l Basketball Club, LLC, 2008 WL 539809 (W.D. Wash. Feb. 25, 2008) The discovery dispute in this decision involved the City of Seattle’s request to have defendant Professional Basketball Club, LLC (“PBC”) search for and produce responsive emails for six of its eight members.  In January 2008, PBC produced approximately 150,000… Continue Reading

ABA TechShow 2008 is March 13-15 in Chicago

Posted in EVENTS

March 13-15, 2008 Hilton Chicago 720 South Michigan Avenue Chicago, IL 60605 ABA TechShow 2008 offers more than 50 education and training sessions in 16 different tracks.  Sessions are designed to help people at various skills levels learn to make the most effective use of technology in their legal setting.  Whether you are an IT… Continue Reading

Court Finds Deleted Email “Not Reasonably Accessible”; No Duty to Search Backup Tapes for Emails of a Sexual Nature

Posted in CASE SUMMARIES

Petcou v. C.H. Robinson Worldwide, Inc., 2008 WL 542684 (N.D. Ga. Feb. 25, 2008) In this employment discrimination case, the court had previously ordered defendant to produce computer-generated reports of attempts by its employees to access adult websites at two of its branches during the relevant time period.  Although the court had denied plaintiffs’ request… Continue Reading

Now Watch the Lawyers Blitz — The NFL destroyed the tapes. But it still hasn’t escaped the sack.

Posted in NEWS & UPDATES

Appearing in this week’s Legal Times, an article by K&L Gates partner Thomas J. Smith entitled:  Now Watch the Lawyers Blitz — The NFL destroyed the tapes.  But it still hasn’t escaped the sack. (Free registration required to view.) In the game of football, the greatest quarterbacks share some common traits.  Perhaps chief among them… Continue Reading

Attorneys Who Erroneously Relied on Client’s Defective Search Methods Were Merely Negligent and Not Acting in Bad Faith; Monetary Sanctions Imposed Against Client Only

Posted in CASE SUMMARIES

Finley v. Hartford Life and Acc. Ins. Co., 2008 WL 509084 (N.D. Cal. Feb. 22, 2008) In this case, plaintiff claimed that defendant wrongfully terminated her disability benefits in violation of ERISA.  Plaintiff also alleged that Hartford violated her right to privacy by causing its agent Dempsey Investigators to trespass onto her land and videotape… Continue Reading