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

Monthly Archives: January 2009

“Like any Ordinary Litigant, the Government Must Abide by the Federal Rules of Civil Procedure”


S.E.C. v. Collins & Aikman Corp., 2009 WL 94311 (S.D.N.Y. Jan. 13, 2009) In this case, arising from claims of securities fraud, the court addressed questions concerning the government’s discovery obligations in civil discovery.  Throughout discovery in the case, several disputes arose regarding the SEC’s production of documents and its failure to perform sufficiently thorough… Continue Reading

Finding Metadata is Not a Public Record Pursuant to Arizona Public Records Law, Court Declines to Compel Production


Lake v. City of Phoenix, 207 P.3d 725 (Ariz. Ct. App. 2009) In this case, the Arizona Court of Appeals upheld a superior court ruling denying plaintiff’s motion to compel production of metadata associated with documents previously produced pursuant to Arizona’s Public Records Law. In late 2006, after filing an Equal Employment Opportunity Complaint against… Continue Reading

Court Enforces Agreement Regarding Search Terms and Production of Disaster-Recovery Backup Tapes; Holds Third-Party in Contempt Despite $6 Million In “Extensive Efforts to Comply”


In re Fannie Mae Sec. Litig., 552 F.3d 814 (D.C. Cir. 2009) In this case, the district court held defendants had sole authority to dictates search terms, per stipulated order, and sanctioned a third-party for failure to timely produce documents, despite significant efforts to comply with the deadline.  The Court of Appeals affirmed. Individual defendants… Continue Reading

Michigan Amends Court Rules to Address E-Discovery

Posted in NEWS & UPDATES

On December 16, 2008, the Michigan Supreme Court adopted amendments to Michigan’s Court Rules to address discovery of electronically stored information in civil litigation.  The new rules became effective January 1, 2009. The adopted amendments affect the following rules: 2.302 General Rules Governing Discovery 2.310 Requests for Production of Documents and Other Things; Entry on… Continue Reading

Destruction of Documents Pursuant to Document Retention Policy Results in Dispositive Sanctions Where Policy was Created as Part of Litigation Strategy and Thus Litigation was Reasonably Foreseeable


Micron Tech., Inc. v. Rambus, Inc., 255 F.R.D. 135 (D. Del. 2009) In this case arising from Micron’s alleged infringement of Rambus’ patents, a bench trial was held on the issue of Rambus’ alleged spoliation of relevant documents pursuant to a document retention policy it had recently implemented.  The court ruled that Rambus had intentionally… Continue Reading

Louisiana Amends Three More Rules to Address Treatment of Electronically Stored Information

Posted in NEWS & UPDATES

Effective January 1, 2009, Louisiana has adopted amendments to several civil rules to specifically address the treatment of electronically stored information. CCP 1354 Subpoena deuces tecum – was amended to govern the form of electronically stored information produced in response to a subpoena duces tecum and specifically addresses the format of production and production of… Continue Reading

“Since Both Parties Went Through the Same Stop Sign…They Both Should Pay for the Crash”: Court Orders Parties to Split Cost of Privilege Review


Covad Comm. Co. v. Revonet, Inc., 254 F.R.D. 147 (D.D.C. 2008) In this case arising from claims of misappropriation and conversion of trade secret information, plaintiff filed a motion to compel following a disagreement regarding the proper format of production of electronically stored information.  The defendant argued that because the plaintiff failed to specify a… Continue Reading

Despite Document Retention Policy Allowing Individual Determination for Need to Preserve, Court Orders Board to Bear Recovery Cost of Deleted Emails in Response To Records Request

Posted in NEWS & UPDATES

State ex rel. Toledo Blade Co. v. Seneca County Bd. Of Comm’rs, 899 N.E.2d 961 (Ohio 2008) This case arose from plaintiff’s request to review “all outgoing and incoming emails” of several Seneca County Commissioners following the board’s approval of plan that called for the demolition of the courthouse.  Plaintiff alleged that the county’s production… Continue Reading

K&L Gates Partners to Speak at E-Discovery CLEs in February

Posted in EVENTS

Seattle University CLE – What Every Practitioner Needs to Know About e-Discovery February 6, 2009 8:30 a.m. – Noon Seattle University School of Law Sullivan Hall 901 12th Avenue Seattle, WA 98122-1090 K&L Gates partner Helen Moure will present the first session, “Basic Common Concerns (Top 10 Problems)”, at 8:40 a.m. in which she will… Continue Reading

New Year, New Rules: Alaska and Virginia Adopt E-Discovery Amendments to Civil Rules

Posted in NEWS & UPDATES

On December 19, 2008, the Supreme Court of Alaska adopted amendments to Alaska’s Rules of Civil Procedure to address the discovery of electronically stored information.  The amendments affect rules 16, 26, 33, 34, 37, and 45 and become effective April 15, 2009. The order approving the amendments is available here. On October 1, 2008, the… Continue Reading