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

Monthly Archives: May 2010

Failure to Test Keywords by Sampling a Prominent Consideration in Court’s Finding of Waiver


Mt. Hawley Ins. Co. v. Felman Prod., Inc., 2010 WL 1990555 (S.D. W. Va. May 18, 2010) Where plaintiff (Felman Production, Inc.) failed to take sufficiently reasonable precautions to prevent the disclosure of a privileged email, privilege was waived. In this case, the court addressed a number of issues, including the parties’ compliance with their… Continue Reading

Court Order Provides Students, Parents Opportunity to View Images Captured by School-Issued Laptops

Posted in NEWS & UPDATES

For anyone who hasn’t heard, a school district in Pennsylvania has recently come under fire for using the webcams on school-issued laptops to capture images of students both during and outside of school hours – about 56,000 of them, according to reports.  According to the complaint filed in this case, students and parents were not… Continue Reading

Upcoming Events

Posted in EVENTS

Washington State Bar Association: Washington Civil Procedure: Let’s Do it Right! – How to Navigate Washington’s Civil Rules for Your Client’s Benefit May 26, 2010 8:25 AM – 4:45 PM Red Lion Hotel, Emerald Ballroom II 1415 Fifth Avenue Seattle, WA K&L Gates Partner Todd Nunn will present a discussion entitled, “Electronic Discovery: What You… Continue Reading

Court Orders Monetary Fine for Gross Negligence and Intentional Spoliation of ESI, Including Emails, Text-Messages, and Skype Messages


Passlogix, Inc. v. 2FA Tech., LLC, 708 F. Supp. 2d 378 (S.D.N.Y. 2010) Upon finding that defendants spoliated relevant information, including emails, Skype messages, and computer logs, the court declined to order an adverse inference, to preclude defendants from the presentation of arguments implicating the discarded documents, or to order defendants to pay plaintiff’s costs,… Continue Reading

North Carolina Bar Association Issues Proposed Ethical Opinions Approving Use of SaaS, Providing List of Considerations to Minimize Risk

Posted in NEWS & UPDATES

In what may be the first opinion of its kind, the North Carolina Bar Association has drafted a proposed ethical opinion addressing lawyers’ use of “software as a service” ("SaaS").  The proposed opinion concludes that lawyers “may contract with a vendor of software as a service provided the risks that confidential client information may be… Continue Reading

Delaware County Establishes New Complex Commercial Litigation Division, Requires Early Consideration of Electronic Discovery

Posted in NEWS & UPDATES

Effective May 1, 2010, New Castle County, Delaware, has created a new division known as the Complex Commercial Litigation Division.  Available for prescribed categories of cases, including cases with an amount in controversy of more than $1 million (excluding certain types of actions, including, e.g., claims for personal, mental or physical injury), the new division… Continue Reading