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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 2009

“International Man of Mystery” Sanctioned for Contempt of Court and Intentional Spoliation

Posted in CASE SUMMARIES

TR Investors, LLC v. Genger, 2009 WL 4696062 (Del. Ch. Dec. 9, 2009) (Unpublished) In this case, defendant Arie Genger was held in contempt and found to have intentionally spoliated relevant documents in violation of a court order following his instruction to his personal IT consultant to wipe the unallocated space of his company’s computer system which… Continue Reading

Western District of Oklahoma Adopts Best Practices for Electronic Discovery in Criminal Cases

Posted in NEWS & UPDATES

If you needed more proof that electronic discovery is not just for civil cases, the Western District of Oklahoma has adopted “Best Practices for Electronic Discovery of Documentary Materials in Criminal Cases.”  Adopted on August 20th, these Best Practices recognize the lack of guidance in Federal Rule of Criminal Procedure 16 or in U.S.C. §… Continue Reading

Court to rule on privacy of texting

Posted in NEWS & UPDATES

By Robert Barnes Washington Post Staff Writer Tuesday, December 15, 2009 The Supreme Court will decide whether employees have a reasonable expectation of privacy for the text messages they send on devices owned by their employers. The case the court accepted Monday involves public employees, but a broadly written decision could hold a blueprint for… Continue Reading

Court Rules Mistaken Transmission of Privileged Email Due to Use of “Autofill” Function in Email Did Not Result in Waiver

Posted in CASE SUMMARIES

Multiquip, Inc. v. Water Mgmt. Systs., LLC, 2009 WL 4261214 (D. Idaho Nov. 23, 2009) When responding to an email communication from his attorney, defendant mistakenly sent his message to a third party.  As a result, the email was eventually provided to opposing counsel in the litigation.  Plaintiff’s counsel refused to return the email upon… Continue Reading

Ex Parte Contact with Independent Forensic Examiner Results in Forfeiture of Opportunity for Forensic Examination and Denial of Motion for Sanctions with Prejudice

Posted in CASE SUMMARIES

G.K. Las Vegas Ltd. P’ship v. Simon Prop. Group, 2009 WL 4283086 (D. Nev. Nov. 30, 2009) Following a determination that defendants participated in improper ex parte communications with an independent, court-appointed forensic expert and thus destroyed its impartiality, the district court held that defendants had forfeited their right to a forensic examination of plaintiffs’… Continue Reading

Supreme Court of Washington Holds Trial Court Did Not Abuse Discretion in Imposing $8,000,000 Default Judgment Pursuant to CR 37 for Defendant’s Willful Discovery Violations

Posted in CASE SUMMARIES

Magaña v. Hyundai Motor Am., 220 P.3d 191 (Wash. 2009) Plaintiff sustained injuries in an automobile accident that he alleged were caused in part by a defective seat design which allowed the seat to collapse.  The case went to trial and plaintiff was awarded $8,000,000.  The verdict was reversed on appeal for reasons related to… Continue Reading

Trial Court Violated Attorney-Client Privilege by Ordering In Camera Review

Posted in CASE SUMMARIES

Costco Wholesale Corp. v. Superior Court, S163335 (Cal. Nov. 30, 2009) In 2000, Costco hired outside counsel to provide legal advice regarding the applicability of certain wage and overtime laws to its warehouse managers.  In furtherance of providing such advice, counsel spoke with two managers Costco had made available to her.  Thereafter, she provided Costco… Continue Reading

Finding Back-up Tapes “Not Reasonably Accessible” Court Declines to Compel Restoration of All but One Tape; No Sanctions for Deletion of Email Absent Evidence of Duty to Preserve or Showing of Bad Faith

Posted in CASE SUMMARIES

Calixto v. Watson Bowman Acme Corp., 2009 WL 3823390 (S.D. Fla. Nov. 16, 2009) In this breach of contract litigation, plaintiff filed a motion to compel defendant Watson Bowman Acme Corporation (“WABO”) to “remedy its spoliation of documents” by restoring and searching back-up tapes that potentially contained copies of emails that were deleted.  Plaintiff also… Continue Reading

Communications with Attorney Using Company Computer and Email Account Not Protected by Attorney-Client Privilege

Posted in CASE SUMMARIES

Alamar Ranch, LLC v. City of Boise, 2009 WL 3669741 (D. Idaho Nov. 2, 2009) In this case arising from a land use and permitting dispute, the court ruled that emails sent by a non-party to her attorney using her work computer and work-assigned email address were not protected by the attorney-client privilege.  In so… Continue Reading