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

Monthly Archives: April 2008

Microsoft Device Helps Police Pluck Evidence from Cyberscene of Crime

Posted in NEWS & UPDATES

The Seattle Times, April 29, 2008 By Benjamin J. Romano, Seattle Times technology reporter Microsoft has developed a small plug-in device that investigators can use to quickly extract forensic data from computers that may have been used in crimes. The COFEE, which stands for Computer Online Forensic Evidence Extractor, is a USB "thumb drive" that… Continue Reading

Court Rejects Cost Shifting Since Moving Party Failed to Meet and Confer in Good Faith; Cost Estimate and Conclusory Characterizations of ESI as “Inaccessible” Insufficient Under Rule 26(b)(2)


Mikron Ind., Inc. v. Hurd Windows & Doors, Inc., 2008 WL 1805727 (W.D. Wash. Apr. 21, 2008) In this decision, District Judge Robert S. Lasnik denied defendants’ motion for a protective order which asked the court to shift the costs of producing ESI to the plaintiff.  Relying on Fed. R. Civ. P. 26(b)(2), defendants argued… Continue Reading

Status Conference Today in Qualcomm, Inc. v. Broadcom Corp. Regarding Discovery Plan and Further Proceedings

Posted in NEWS & UPDATES

On March 20, 2008, the court convened a status hearing and counsel reported their progress toward developing the CREDO protocol ordered by the court.  The court also conferred with the parties regarding the status of the case in light of Judge Brewster’s March 5, 2008 Order Remanding in Part Order of Magistrate Court re Motion… Continue Reading

Risk and Insurance Management Society 2008 Annual Conference & Exhibition

Posted in EVENTS

April 27 – May 1, 2008 San Diego Convention Center 111 West Harbor Drive San Diego, CA 92101 www.visitsandiego.com K&L Gates partner David R. Cohen will be one of the speakers presenting “An Ounce of Prevention:  Your 12-Step Guide to Avoiding e-Discovery Disasters," on Monday, April 28 from 3:30 to 5:00 p.m. This session will… Continue Reading

U.S. Courts’ Notice: Invalid Subpoenas

Posted in NEWS & UPDATES

The U.S. Courts’ website (www.uscourts.gov) has the following alert: Reports have been received of bogus e-mail grand jury subpoenas, purportedly sent by a United States District Court.  The e-mails are not a valid communication from a federal court and may contain harmful links.  Recipients are warned not to open any links or download any information… Continue Reading

Defense Attorneys Sanctioned for Obstructing Forensic Inspection of Defendant’s Computer Servers


Sterle v. Elizabeth Arden, Inc., 2008 WL 961216 (D. Conn. Apr. 9, 2008) In this wrongful termination case, plaintiff sought the production of certain “DSFG Reports” which summarized information regarding the sales performance of employees in relation to their peers, and other key sales information.  Plaintiff knew about the existence of the DSFG Reports because… Continue Reading

Court Further Refines Search Protocol, Adds Search Terms and Orders Distinct Conjunctive and Disjunctive Keyword Searches


ClearOne Communications, Inc. v. Chiang, 2008 WL 920336 (D. Utah Apr. 1, 2008) This decision further refines the search protocol to be used to search data from computers used by certain defendants, which were imaged pursuant to two court orders issued in 2007.  The second imaging order sought to establish a protocol for searching the mirror… Continue Reading

Additional Information Needed Before Court Will Order Production of Email from Backup Sources


Baker v. Gerould, 2008 WL 850236 (W.D.N.Y. Mar. 27, 2008) Plaintiff, an employee in the New York State Department of Environmental Conservation (“DEC”), alleged that defendants failed to promote him to the position of Captain in retaliation for having exercised his constitutional rights.  Plaintiff moved to compel the production of email between and among the… Continue Reading

Party that Sought Metadata Only After Production of Document in .PDF and Paper Formats Not Entitled to Native Production


Autotech Techs. Ltd. P’ship v. Automationdirect.com, Inc., 248 F.R.D. 556 (N.D. Ill. 2008) In this trademark infringement litigation, defendant sought to compel Autotech to produce an electronic copy of a word processing document entitled “EZTouch File Structure.”  Autotech had already produced the document in both .PDF format on a compact disc and paper format, and had… Continue Reading

Court Sets Protocol for Forensic Examination of Employment Discrimination Plaintiff’s Home Computers


Coburn v. PN II, Inc., 2008 WL 879746 (D. Nev. Mar. 28, 2008) In this employment discrimination case, defendants sought a forensic examination of plaintiff’s home computers.  Defendants explained that the inspection would focus on information relating to Coburn’s employment with defendants, the termination of that employment, allegations or claims Coburn was making in this… Continue Reading

Inadequate Preservation Efforts Necessitate Restoration and Production of Email from Backup Tapes, and Forensic Search of CEO’s Laptop


Treppel v. Biovail Corp., 2008 WL 866594 (S.D.N.Y. Apr. 2, 2008) In this case, plaintiff alleged that Biovail Corp., its CEO, general counsel and others engaged in a "smear campaign" that destroyed plaintiff’s career as a securities analyst.  He asserted claims of defamation, tortious interference with prospective economic advantage and civil conspiracy.  In February 2006, as… Continue Reading

Court Declines to Issue Advisory Opinion as to What Actions State Must Take to Properly Preserve Documents for Potential Suit


Texas v. City of Frisco, 2008 WL 828055 (E.D. Tex. Mar. 27, 2008) In this case, the State of Texas sought a declaratory judgment and the court’s protection from a general litigation hold request, initiated by a letter sent by the City of Frisco.  The letter asked the Texas Department of Transportation to generally preserve… Continue Reading