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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 2010

Personal Emails Retained by Public School’s Email System Not Subject to Michigan’s Freedom of Information Act

Posted in CASE SUMMARIES

Howell Educ. Assoc. MEA/NEA v. Howell Board of Educ., 2010 WL 290515 (Mich. Ct. App. Jan. 26, 2010) In this “reverse” Freedom of Information Act (FOIA) case, the trial court held that personal emails generated by and stored on a public school’s email system were public records subject to FOIA.  Upon plaintiffs’ appeal, the appellate… Continue Reading

Court Finds Data “Not Reasonably Accessible,” Denies Motion to Compel

Posted in CASE SUMMARIES

Rodriguez-Torres v. Gov. Dev. Bank of Puerto Rico, 265 F.R.D. 40 (D.P.R. 2010) In this employment discrimination case, the court found the electronically stored information (“ESI”) requested by the plaintiffs “not reasonably accessible because of the undue burden and cost” and that plaintiffs had failed to show good cause to compel production of the ESI… Continue Reading

“Zubulake Revisited: Six Years Later”: Judge Shira Scheindlin Issues her Latest e-Discovery Opinion

Posted in CASE SUMMARIES

Pension Comm. of Univ. of Montreal Pension Plan v. Bank of Am. Secs., LLC, 685 F. Supp. 2d 456 (S.D.N.Y. 2010) (Amended Order) Issued earlier this month, Judge Shira Scheindlin’s opinion in Pension Comm. of Univer. of Montreal Pension Plan v. Bank of Am. Secs., LLC, addresses the issues of parties’ preservation obligations and spoliation… Continue Reading

District Court Rejects Total Dismissal of Claims, Orders Partial Dismissal and $75,000 in Monetary Sanctions for Egregious Discovery Violations

Posted in CASE SUMMARIES

Bray & Gillespie Mgmt., LLC v. Lexington Ins. Co., 2009 WL 5218035 (M.D. Fla. Aug. 3, 2009);  Bray & Gillespie Mgmt., LLC v. Lexington Ins. Co., 2010 WL 55595 (M.D. Fla. Jan. 5, 2010) Following her finding that “[Bray & Gillespie], through counsel, acted willfully and in bad faith in violation of the Federal Rules of… Continue Reading

Upcoming Events – February

Posted in EVENTS

Information Week Virtual Event: Modernizing IT Governance, Risk and Compliance to Accelerate Flexibility and Visibility:  “E-Discovery Drill Down: First hand insight on driving more efficiency, cost-value and priorities in electronic e-discovery initiatives.” February 10, 2010 5:00-5:45 PM ET K&L Gates Partner Thomas J. Smith will participate in a panel discussion focusing on document retention and… Continue Reading

Court Finds Claims of Burden and Expense “Exaggerated,” Declines to Find Emails “Not Reasonably Accessible”

Posted in CASE SUMMARIES

Starbucks Corp. v. ADT Security Servs., Inc., 2009 WL 4730798 (W.D. Wash. Apr. 30, 2009) In this recently released opinion written early last year, the defendant, ADT Security Services, Inc. (“ADT”), sought to avoid its obligation to produce archived emails by arguing the emails were not “reasonably accessible because of undue burden or cost,” as that… Continue Reading

Appellate Court Affirms Order Allowing Plaintiff’s Expert to Image Defendants’ Hard Drives to Support Claims of Spoliation and Fraud

Posted in CASE SUMMARIES

Cornwall v. N. Ohio Surgical Ctr., 2009 WL 5174172 (Ohio. Ct. App. Dec. 31, 2009) In this wrongful death litigation, the trial court granted plaintiff’s motion to allow his forensic expert to create a mirror image of defendants’ hard drives.  Plaintiff asserted that examination of the drives would reveal evidence of defendants’ willful alteration or… Continue Reading

Upcoming Events – January

Posted in EVENTS

Center for Competitive Management – E-Discovery Best Practices and Compliance Guidelines (Audio Conference) January 14, 2010 2-3:15 PM ET K&L Gates partners David Cohen and Todd Nunn will co-present this discussion of how to stay on top of the rapidly changing world of electronic records, discovery, and evidence including discussion of specific topics such as… Continue Reading