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

Monthly Archives: October 2008

Recognizing Danger of Loss, Court Orders Expedited Discovery Including Copying of Defendants’ Hard Drives

Posted in CASE SUMMARIES

Allcare Dental Mgmt., LLC v. Zrinyi, DDS, 2008 WL 4649131 (D. Idaho Oct. 20, 2008) In this defamation case, plaintiffs sought an order allowing expedited discovery.  Specifically, plaintiffs sought permission to serve a subpoena duces tecum upon Cable One, Inc., an Internet service provider and non-party to the action, for information related to the claims… Continue Reading

K&L Gates Lawyers Make Major Contributions to E-Discovery Publication

Posted in NEWS & UPDATES

Available now from PBI Press, e-Discovery provides guidance for practitioners of all levels of experience through the often complicated world of e-discovery. Once again showcasing the depth of knowledge at the firm, four of the fifteen contributing authors to the publication are members of the K&L Gates e-Discovery Analysis and Technology Group.  Those members are… Continue Reading

Newly Released Securities and Exchange Commission Enforcement Manual (“Red Book”) Provides Guidance on Treatment of Electronic Information

Posted in NEWS & UPDATES

For the first time, the SEC has released its Enforcement Manual, also known as the "Red Book” to the public.  Although the manual is intended to provide guidance to members of the SEC’s Division of Enforcement, it is a valuable resource for anyone involved in a SEC investigation. Several sections address the topic of electronic… Continue Reading

Court Declines to Require Plaintiff to Designate Specifically Confidential Portions of Documents during Discovery where Entire Document does not Rise to that Level

Posted in CASE SUMMARIES

Containment Tech. Group, Inc. v. Am. Soc’y of Health Sys. Pharmacists, 2008 WL 4545310 (S.D. Ind. Oct. 10, 2008) In this defamation case, the parties disagreed over the scope of a protective order sought by plaintiff prior to production of proprietary information, among other things.  The parties attempted to negotiate the terms of such an… Continue Reading

Western District of North Carolina Amends Local Rules, Specifies Electronic Production as Topic of Pretrial Conference

Posted in NEWS & UPDATES

Effective January 1, 2008, amended Local Rule 16.1 specifies appropriate topics for consideration at the Initial Pretrial Conference, including the production of electronically stored information (“ESI”). Click on the following link to see amended rule: Local Civil Rule 16.1 Pretrial Conferences (see subpart (G) Initial Pretrial Conference) For a complete listing of local federal rules… Continue Reading

Court Highlights Cooperation Requirements of Discovery under Rule 26, Rules Objections Waived for Failure to Be Specific, and Orders Meet and Confer to Resolve Remaining Disputes

Posted in CASE SUMMARIES

Mancia v. Mayflower Textile Servs. Co., 253 F.R.D. 354 (D. Md. 2008) In this employment case, plaintiffs filed several motions to compel supplemental responses to their extensive discovery requests after defendants allegedly failed to adequately respond.  The case was eventually referred to Chief United States Magistrate Judge Paul Grimm for the purpose of resolving all of the… Continue Reading

To “Expedite the Flow of Discovery and Facilitate Prompt Resolution of Disputes”, Court Adopts Proposed Order Governing Electronic Discovery

Posted in NEWS & UPDATES

Star, Inc. v. QFA Royalties LLC, No. 07-cv-02223-WYD-CBS (D. Colo. Filed Oct. 10, 2007) In this case, the court granted an unopposed motion of the defendant to enter an order governing electronic discovery.  The proposed order adopted by the court was intended to “expedite the flow of discovery material and facilitate prompt resolution of disputes… Continue Reading

Defendants Admit Destruction or Loss but Claim Good Faith, Court Denies Motion for Preservation Order and Spoliation Inquiry

Posted in CASE SUMMARIES

Almarri v. Gates, 2008 WL 4449858 (D.S.C. Oct. 2, 2008) In this case challenging conditions of his confinement, plaintiff sought an order directing the government to preserve evidence and an inquiry into the government’s destruction and other spoliation of evidence.  Specifically, the plaintiff alleged that the government had destroyed relevant materials related to his detention,… Continue Reading

Finding “No Reason to Treat Websites Differently than Other Electronic Files,” Court Grants Adverse Inference for Failure to Preserve Website

Posted in CASE SUMMARIES

Arteria Prop. Pty Ltd. v. Universal Funding V.T.O., Inc., 2008 WL 4513696 (D.N.J. Oct. 1, 2008) (Not for Publication) In this case arising from failed negotiations for a long term development loan, the plaintiff filed a motion for spoliation sanctions and sought an adverse inference in its favor.  Specifically, plaintiff alleged spoliation of the contents… Continue Reading

Court Denies Protective Order, Orders Allegedly Proprietary Data Produced Directly to Competitor

Posted in CASE SUMMARIES

In re NVMS, LLC, 2008 WL 4488963 (Bankr. M.D. Tenn. Mar. 21, 2008) In this case, the debtor, a medical services company, moved for expedited discovery of information contained in the database of a former billing partner.  In July of 2000, the debtor contracted with MBP to handle the debtor’s billing.  In February 2008, the… Continue Reading

Court Allows Subpoena Seeking Inspection of Plaintiff’s Mother’s Laptop, but Orders Defendant to Prepare Search Protocol and Pay Her Reasonable Costs

Posted in CASE SUMMARIES

Hoover v. Fla. Hydro, Inc., 2008 WL 4467661 (E.D. La. 2008) In this breach of contract case, Hoover moved to quash subpoenas issued by defendant to two non-parties:  Hoover’s mother and Hoover’s former roommate. The subpoena issued to Hoover’s mother requested inspection of her laptop or any electronic storage device “for documents copied, sent to,… Continue Reading

Court Orders Forensic Examination of Defendants’ Business and Home Computers, Articulating 20-Step Protocol

Posted in CASE SUMMARIES

Koosharem Corp. v. Spec Personnel, LLC, 2008 WL 4458864 (D.S.C. Sept. 29, 2008) In this breach of contract case, plaintiffs alleged that defendants wrongfully obtained and used confidential information from former employee, Kenneth Fuston, who went to work for the defendants.  Specifically, plaintiffs alleged that defendants used the information to hire approximately 20 of plaintiffs’… Continue Reading

Court Orders Party to Explain How Documents Produced in Digital Format Were Ordinarily Maintained

Posted in CASE SUMMARIES

Pass & Seymour, Inc. v. Hubbell Inc., 2008 WL 4240490 (N.D.N.Y. Sept. 12, 2008) In this patent infringement case, the court addressed the issue of whether, in response to 72 separate document requests, the plaintiff’s production in digital format of 405,367 pages of documents, apportioned among 202 unlabeled folders and which through application of litigation… Continue Reading

Supreme Court of Ohio Adopts E-Discovery Amendments to Rules of Civil Procedure

Posted in NEWS & UPDATES

The Supreme Court of Ohio has adopted several amendments to the Ohio Rules of Civil Procedure, including several related to electronic discovery.  The amendments, which took effect on July 1, 2008, include changes to Rules 16, 26, 33, 34, 37, and 45.  According to the Supreme Court’s press release, key amendments include: clarifying that issues… Continue Reading

Governor Vetoes E-Discovery Amendments to California’s Civil Discovery Act

Posted in NEWS & UPDATES

On September 27, 2008, Governor Arnold Schwarzenegger vetoed Assembly Bill 926 (Evans), which contained e-discovery amendments to California’s Civil Discovery Act .  In his veto message, the Governor explained: The historic delay in passing the 2008-2009 State Budget has forced me to prioritize the bills sent to my desk at the end of the year’s… Continue Reading

Court Denies Relief Where Party Ignored Court’s Suggestions for Reducing Volume of ESI Captured by Keyword Search: “Defendants Must Now Lie in the Bed that They Have Made”

Posted in CASE SUMMARIES

Kipperman v. Onex Corp., 2008 WL 4372005 (N.D. Ga. Sept. 19, 2008) In this case, Onex presented several motions to the court, including a motion for a protective order and for relief from the need to produce all documents identified after searching several backup tapes.  The court denied in part and granted in part Onex’s… Continue Reading