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

Monthly Archives: June 2008

Sixth Circuit Finds Demonstrable Abuse of Discretion in Trial Court’s Order Requiring Forensic Imaging of State-Owned and Privately-Owned Computers by Plaintiffs’ Computer Expert with Assistance from U.S. Marshal


John B. v. Goetz, 2008 WL 2520487 (6th Cir. June 26, 2008) In this case, state defendants sought mandamus relief from two discovery orders issued by the district court during the course of the class-action litigation.  The district court had issued the orders after a discovery dispute arose regarding defendants’ duty to preserve and produce… Continue Reading

Production of Email in Native Format Satisfies Fed. R. Civ. P. 34(b)(2)(E)


Perfect Barrier LLC v. Woodsmart Solutions Inc., 2008 WL 2230192 (N.D. Ind. May 27, 2008) In this case, one of plaintiff’s requests for production sought emails — plaintiff provided defendant with search terms and desired to have all emails that contained the relevant search terms.  Defendant complied with the request and produced approximately 75,000 pages… Continue Reading

Finding Waiver of Attorney-Client Privilege and Work Product Protection, Court Orders Production of Attorney Notes of Employee Interviews Concerning Intel’s Compliance with Evidence Preservation Obligations


In re Intel Corp. Microprocessor Antitrust Litig., 2008 WL 2310288 (D. Del. June 4, 2008) In this decision, the district court adopted the Special Master’s Report and Recommendation concerning the Motion of AMD and Class Plaintiffs to compel Intel to produce notes of its counsel’s investigation interviews of designated employees concerning Intel’s compliance with its evidence… Continue Reading

Client and Counsel Jointly and Severally Liable for Monetary Sanctions Based on Inadequate Search for and Untimely Production of ESI; Evidentiary Sanctions Also Recommended


R & R Sails Inc. v. Ins. Co. of Pa., 251 F.R.D. 520 (S.D. Cal. 2008) After a fire destroyed plaintiff’s manufacturing facility, defendant paid plaintiff for loss of property, but plaintiff claimed that the value of all lost property exceeded the amount paid.  Plaintiff also sought further payment under the insurance contract for loss of… Continue Reading

Plaintiff’s Reformatting of Hard Drives Sought in Discovery Warrants Adverse Inference Instruction, Not Dismissal


Johnson v. Wells Fargo Home Mortgage, Inc., 2008 WL 2142219 (D. Nev. May 16, 2008) In this case, plaintiff alleged that defendant erroneously reported two of his real property mortgage loans delinquent to credit reporting agencies.  Plaintiff claimed that defendant foreclosed on one loan and continued to erroneously report both loans delinquent after plaintiff spent nine… Continue Reading

Finding that Production of Privileged ESI Effected Waiver, Court Describes Risks of Privilege Review Using Keyword Searches and Offers Guidance on Proper Assertion of Privilege


Victor Stanley, Inc. v. Creative Pipe, Inc., 250 F.R.D. 251 (D. Md. 2008) In this case, plaintiff sought a ruling that 165 electronic documents produced by defendants were not privileged because their production occurred under circumstances that waived any privilege or protected status.  The parties had previously agreed to a joint protocol to search and… Continue Reading