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

Monthly Archives: July 2009

Court Orders Adverse Inference for Failure to Preserve Evidence following Notice that such Evidence May Have Been Relevant in Future Litigation

Posted in CASE SUMMARIES

KCH Servs., Inc. v. Vanaire, Inc., 2009 WL 2216601 (W.D. Ky. July 22, 2009) Plaintiff moved the court for default judgment, sanctions, or an adverse inference instruction based on defendant Vanaire’s spoliation of evidence, including the deletion of software and electronically stored information (“ESI”) from its computers.  Specifically, following a phone call from plaintiff’s president… Continue Reading

Previously Opened Emails Stored for Less than 181 Days in Web-Based Account May be Obtained by Trial Subpoena

Posted in CASE SUMMARIES

U.S. v. Weaver, 2009 WL 2163478 (C.D. Ill. July 15, 2009) (Not Reported) In this case, the Government sought to discover the contents of defendant’s email sent or received at a Microsoft/MSN Hotmail account. Accordingly, the Government executed a trial subpoena seeking production of “‘the contents of electronic communications (not in ‘electronic storage’ as defined… Continue Reading

Finding the Requested Information Relevant and Defendant’s Cost Estimates “Greatly Exaggerated,” Court Grants Plaintiffs’ Motion to Compel

Posted in CASE SUMMARIES

Spieker v. Quest Cherokee, LLC, 2009 WL 2168892 (D. Kan. July 21, 2009) This matter was before the court on plaintiffs’ renewed motion to compel the production of electronically stored information (“ESI”).  Previously, the court denied a motion to compel without prejudice for reasons including plaintiffs’ failure to establish the relevance of the material requested… Continue Reading

Court Orders Adverse Inference for Spoliation of CEO’s Data but Finds No Obligation to Preserve Relevant Data of Third Party Consultants

Posted in CASE SUMMARIES

Goodman v. Praxair Servs., Inc., 632 F. Supp. 2d 494 (D. Md. 2009) In this case arising from a claim for breach of contract, plaintiff Goodman alleged that defendant Praxair Services, Inc. (formerly Tracer) (“Tracer/PSI”) spoliated relevant data and was deserving of sanctions.  Specifically, Goodman alleged that Tracer/PSI violated is duty to preserve when it… Continue Reading

“Inhibited Ability to Participate Meaningfully in Electronic Discovery” Results in Reduction of Rate of Recoverable Attorney’s Fees

Posted in CASE SUMMARIES

Chen v. Dougherty, 2009 WL 1938961 (W.D. Wash. July 7, 2009) Following a verdict in their favor, plaintiffs moved for attorneys’ fees as provided by law.  Finding that plaintiffs were the “prevailing parties” under the relevant fee shifting statute, the court indicated its willingness to approve the attorneys’ requested hourly rates, with one exception.  Regarding… Continue Reading

Swiss Government Says It Would Seize UBS Data Sought by U.S.

Posted in NEWS & UPDATES

Bloomberg.com, July 8, 2009 By David Voreacos and Mort Lucoff July 8 (Bloomberg) — Switzerland said it would seize UBS AG data to prevent the U.S. Justice Department from pursuing a U.S. court order seeking the identities of 52,000 American account holders in a crackdown on tax evaders. The assertion came in court papers yesterday… Continue Reading

Court Grants Motion for Sanctions, Precludes Defendants’ Assertion of Affirmative Defense

Posted in CASE SUMMARIES

Arista Records, LLC v. Usenet.com, Inc., 2009 WL 1873589 (S.D.N.Y. June 30, 2009) In this copyright infringement case, plaintiffs alleged defendants committed egregious discovery violations deserving of terminating sanctions.  The violations included wiping relevant hard drives of its employees, failing to preserve and produce relevant emails, providing misleading responses to discovery, and violating two court… Continue Reading

Governor Schwarzenegger Signs California’s Electronic Discovery Act, to be Effective Immediately

Posted in NEWS & UPDATES

After previously vetoing a prior version of the bill for budgetary reasons, Governor Schwarzenegger signed California’s Electronic Discovery Act last night, to be effective immediately. Closely tracking the 2006 amendments to the Federal Rules of Civil Procedure, the act institutes procedures to guide the discovery of electronically stored information in California. To read the full text… Continue Reading