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

Monthly Archives: October 2009

Sedona Continues Call for Cooperation

Posted in NEWS & UPDATES

By Jennifer H. Rearden and Farrah Pepper New York Law Journal October 29, 2009 It turns out that Jean-Paul Sartre’s famous pronouncement that "hell is other people" was overly broad.  Other people per se are not the problem, but rather other lawyers — and uncooperative ones at that.  A federal judge in the late 1980s… Continue Reading

Court Imposes Strict Sanctions for Loss of Video Resulting from City’s Reckless Failure to Ensure Preservation

Posted in CASE SUMMARIES

Peschel v. City of Missoula, 664 F. Supp. 2d 1137 (D. Mont. 2009) In this case arising from defendant’s claims that he was wrongfully arrested and that the officers used excessive force, among other things, defendant sought sanctions for the city’s failure to preserve the video of the arrest that was recorded by a camera… Continue Reading

Court Denies Motion to Compel Sequestration and Forensic Examination of City’s Computers and Storage Devices, Directs Parties to Cooperate to Develop a “Meaningful Discovery Plan”

Posted in CASE SUMMARIES

Mirbeau Geneva Lake, LLC v. City of Lake Geneva, 2009 3347101 (E.D. Wis. Oct. 15, 2009) In this litigation over the attempted development of land in the City of Lake Geneva, plaintiff sought to compel production of all of defendants’ “computers and other electronic storage devices” for forensic examination.  In support of the motion, plaintiff… Continue Reading

Upcoming Events – November

Posted in EVENTS

National Business Institute: Keeping Up with E-Discovery – Live Seminar November 18, 2009 Washington State Convention and Trade Center 800 Convention Place Seattle, WA K&L Gates partner Todd Nunn will present “The Amendments to the Federal Rules of Civil Procedure and Recent Case Law” addressing attorneys’ obligations under the rules and recent decisions that effect… Continue Reading

Indiana Supreme Court Rules Trial Court Properly Admitted Evidence of Defendant’s MySpace Page in Murder Trial

Posted in CASE SUMMARIES

Clark v. State, 915 N.E.2d 126 (2009) Defendant Ian J. Clark was found guilty of murdering a two year old girl left in his care and was sentenced to life in prison without parole.  On appeal, Clark argued that the trial court improperly admitted evidence from his MySpace account in violation of Ind. R. Evid…. Continue Reading

Records Management, Privacy and e-Discovery Workshop: Achieving sensible solutions for records management, risk reduction and litigation readiness

Posted in EVENTS

Featuring K&L Gates Partners, David R. Cohen and Dominic Bray, along with the Director of EMEA IM Marketing for HP Software, Erik Moller, this workshop addresses a myriad of issues including the risks and complexity of e-discovery and how to minimize those risks while maximizing cost savings and auxiliary benefits, European Privacy and Data Protection… Continue Reading

Pa. Court Weighs In on E-Discovery

Posted in NEWS & UPDATES

By Peter Hall Pennsylvania Law Weekly October 19, 2009 An electronic discovery request in a dispute over the authenticity of a classic car has prompted a rare opinion from a Pennsylvania court on the emerging issues surrounding the discovery of electronically stored files by litigants in a civil case. In Brooks v. Frattaroli, PICS Case… Continue Reading

Finding Emails “Not Reasonably Accessible” Court Shifts Burden to Show Good Cause and Orders Limited Searching Using Specific Terms

Posted in CASE SUMMARIES

Capitol Records, Inc. v. MP3tunes, LLC, 2009 WL 2568431 (S.D.N.Y. Aug. 13, 2009) During the course of discovery in this copyright infringement case, several disputes arose related to the burdensome nature of the parties’ respective requests for production.  The court initially “urged the parties” to work cooperatively to develop agreed search terms to be utilized… Continue Reading

Court Denies Request for Adverse Inference Absent Demonstration that Lost Emails were Favorable to Plaintiff

Posted in CASE SUMMARIES

Scalera v. Electrograph Sys., Inc., 2009 WL 3126637 (E.D.N.Y. Sept. 29, 2009) Despite finding that “Defendants have unquestionably breached a duty to preserve emails in this case,” the court denied plaintiff’s motion for an adverse inference instruction where “Plaintiff ultimately failed to demonstrate that any destroyed emails would have been favorable to her position.”

No Reasonable Expectation of Privacy for Emails Transmitted through Employer’s Server and thus, No Privilege

Posted in CASE SUMMARIES

Leor Exploration & Prod., LLC v. Aguiar, 2009 WL 3097207 (S.D. Fla. Sept. 23, 2009) In this case, the court overruled the determination of the special master and held that defendant had no reasonable expectation of privacy as to emails transmitted through plaintiff’s server and thus, no attorney-client privilege as to those communications.