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

Monthly Archives: December 2008

Maine Adopts Amendments to Rules of Civil Procedure

Posted in NEWS & UPDATES

Effective August 1, 2008, Maine has adopted amendments to its Rules of Civil Procedure to “address the need for specific treatment of the discovery of electronically stored information.”  As stated in the Advisory Committee Note to Rule 16, the amendments were taken largely from the 2006 amendments to the Federal Rules of Civil Procedure and… Continue Reading

Court Enforces Clawback Agreement, Denies Motion to Compel

Posted in CASE SUMMARIES

Bro-Tech Corp. v. Thermax, Inc., 2008 WL 5210346 (E.D. Pa. Dec. 11, 2008) On the eve of trial in this case in which plaintiffs alleged trade secret theft, the court granted an extension “on urgent party request” so that additional discovery could be accomplished.  The discovery proved to be complex, and the court appointed a… Continue Reading

Washington Adopts Test for Determining Waiver by Inadvertent Disclosure, Finds Attorney-Client Privilege Waived

Posted in CASE SUMMARIES

Sitterson v. Evergreen School Dist., 2008 WL 4981630 (Wash. Ct. App. Nov. 25, 2008) In this case, plaintiff brought suit against the defendant, a school district (“the District”), for breach of contract and quantum meruit following termination of his contract as a financial advisor.  About one month after filing suit, plaintiff served his requests for… Continue Reading

California Legislature Reconsiders E-Discovery Amendments

Posted in NEWS & UPDATES

On December 1, 2008 California Assembly Member Noreen Evans introduced Assembly Bill 5, the “Electronic Discovery Act” – a bill that would amend California’s Civil Discovery Act to include rules governing the discovery of electronically stored information.  As stated in AB 5: This bill would establish procedures for a person to obtain discovery of electronically… Continue Reading

A New Year’s e-Resolution: Sending Safe e-Mail

Posted in NEWS & UPDATES

The risks associated with e-mail miscommunication and misdirection have been well documented. Because these risks originate from e-mail users, perhaps the best way to mitigate such risks is to help individual e-mail users remember and implement a checklist for sending e-mails safely. This client alert, authored by K&L Gates Partner Thomas Smith and Associate Daniel Miller, presents a simple mnemonic… Continue Reading

New Additions to the Growing List of State E-Discovery Rules; Arkansas and Kansas Added for the First Time

Posted in NEWS & UPDATES

Arkansas Effective January 10, 2008 Arkansas has amended Rule 26 to address inadvertent disclosure. Rules 26 General Provisions Governing Discovery (See section 26(b)(5)) Iowa Effective September 1, 2008 the Iowa District Court Trial Scheduling Order was amended to address the discovery of electronically stored information. Rule 23.5 – Form 2: Trial Scheduling Order

Court Declines to Order Re-production in Electronic Format; Finds No Waiver of Privilege from Inadvertent Disclosure

Posted in CASE SUMMARIES

Laethem Equip. Co. v. Deere & Co., 2008 WL 4997932 (E.D. Mich. Nov. 21, 2008) In this case involving breach of contract and other claims, the court ordered the defendant to return inadvertently produced, privileged, electronically stored information (“ESI”) to the plaintiffs, and ordered the parties to secure all relevant ESI in their possession and… Continue Reading

Court Addresses Production of Metadata in Great Detail and Grants Production of Some but Not All Data Sought

Posted in CASE SUMMARIES

Aguilar v. Immigration & Customs Enforcement Div. of U.S. Dep’t of Homeland Sec., 255 F.R.D. 350 (S.D.N.Y. 2008) In this class action case alleging unlawful searches and seizures of plaintiffs’ homes, a discovery dispute arose regarding the production of metadata.  The court granted in part and denied in part plaintiffs’ request for the production of metadata for… Continue Reading

One More Round: Court of Appeals Affirms All but Scope of Remedy, Remands with Specific Instructions to Narrow Scope

Posted in NEWS & UPDATES

Qualcomm Inc. v. Broadcom Corp., 548 F.3d 1004 (Fed. Cir. 2008) On December 1, 2008, the Court of Appeals for the Federal Circuit issued its opinion affirming the lower court’s findings that Qualcomm breached its duty to disclose the patents at issue in the underlying case and thus waived the enforceability of those patents.  The… Continue Reading