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

Monthly Archives: April 2010

Trial Court Abused Discretion in Ordering Forensic Examination Absent Pending Request for Production or Motion to Compel and in Appointing Special Master


In re Art Harris, 2010 WL 1612205 (Tex. App. Apr. 22, 2010) In this case, the appellate court granted petitioner’s writ of mandamus and ordered the withdrawal of three underlying discovery orders upon finding that the trial court abused its discretion when it ordered the production of petitioner’s hard drives for forensic examination and when… Continue Reading

United States Supreme Court Hears Argument on Expectation of Privacy as to Text Messages on Work Pager


Quon v. Arch Wireless Operating Co., 529 F.3d 892 (9th Cir. 2008);  City of Ontario v. Quon (08-1332) In the summer of 2008, the Ninth Circuit held that a city employee had a reasonable expectation of privacy as to personal text-messages sent from his city-issued and city-owned text-messaging pager (‘pager”).  The court further ruled that… Continue Reading

Court Orders Monetary Sanctions for Production Delay Resulting from Counsel’s Failure to Become Familiar with Plaintiff’s Retention Policies and Systems


GFI Acquisition, LLC v. Am. Federated Title Corp. (In re A & M Fla. Props. II, LLC), 2010 WL 1418861 (Bankr. S.D.N.Y. Apr. 7, 2010) Where plaintiff’s counsel “failed in his obligation to locate and produce all relevant documents in a timely manner” by failing to gain a sufficient understanding of plaintiff’s computer systems resulting in significantly… Continue Reading

Court Declines to Impose Sanctions Against Qualcomm Attorneys Absent Evidence of Bad Faith


Qualcomm Inc. v. Broadcom Corp., No. 05cv1958-B (BLM) (S.D. Cal. Apr. 2, 2010) Apparently bringing an end to one of the best known e-discovery sagas since the 2006 amendments to the Federal Rules, United States Magistrate Judge Barbara Major has declined to impose sanctions against the previously sanctioned Qualcomm attorneys absent evidence of bad faith. On January… Continue Reading

Court Orders Forensic Examination of Plaintiff’s Computers Absent Denial that “Responsive Emails May have Existed at One Point”


Adhi v. Twp. of W. Pikeland, 2010 WL 1047894 (E.D. Pa. Mar. 16, 2010) In this zoning dispute, defendant moved to enforce a prior order of the court and, essentially, compel more complete responses to discovery, including the production of electronically stored information (“ESI”), specifically emails.  Plaintiff indicated that even if responsive emails had existed,… Continue Reading

Court Rules Communications with Attorney Using Work Computer are Protected as Privileged


Stengart v. Loving Care Agency, Inc., 2010 WL 1189458 (N.J. Mar. 30, 2010) In this employment litigation, the Supreme Court of New Jersey addressed whether employees have a reasonable expectation of privacy as to attorney-client privileged emails sent and received on a work computer.  The court held that under the circumstances presented, the employee/plaintiff did… Continue Reading

Upcoming Events

Posted in EVENTS

Pennsylvania Bar Association: Internet Law Update April 12, 2010 8:30 AM – 3:45 PM PBI Professional Development Conference Center Heinz 57 Center 339 Sixth Ave., Floor 7 Pittsburgh, PA At this CLE addressing legal issues that arise through business and personal use of the Internet, K&L Gates Partner David Cohen will present a discussion of… Continue Reading

New York State Unified Court System Report Makes Recommendations for Improved Handling of E-Discovery

Posted in NEWS & UPDATES

In New York, Chief Judge Jonathan Lippman and Chief Administrative Judge Ann Pfau released a report recommending improvements for how electronic discovery is handled in New York State Courts.  The report, based on “extensive research and interviews with experts in electronic discovery”, addresses the problems of electronic discovery, including cost and delay, and provides several… Continue Reading