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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 2011

Court Awards $1,049,850.04 in Attorney’s Fees and Costs as Sanction for Discovery Abuse in “Victor Stanley II”


Victor Stanley, Inc. v. Creative Pipe, Inc., No. MJG-06-2662 (D. Md. Jan. 24, 2011) On January 24, 2011, Magistrate Judge Grimm entered an order awarding $1,049,850.04 in attorney’s fees and costs as a sanction for discovery abuse, as discussed in Victor Stanley II.  The amount addressed “attorney’s fees and costs associated with all discovery that… Continue Reading

Delaware Court of Chancery Issues Guidelines for Preservation of Electronically Stored Information

Posted in NEWS & UPDATES

Last week the Delaware Court of Chancery issued new guidelines addressing the preservation of electronically stored information.  The guidelines are intended to “remind all counsel … of their common law duty to their clients and the court with respect to the preservation of electronically stored information.”  Although less than two pages long, the guidelines offer… Continue Reading

Employee’s Use of a Work Computer to Communicate with Attorney “Akin to Consulting her Lawyer in her Employer’s Conference Room, in a Loud Voice, with the Door Open…”


Holmes v. Petrovich Dev. Co., LLC, 2011 WL 117230 (Cal. Ct. App. Jan. 13, 2011)

Where plaintiff used her company’s computer to communicate with her attorney despite knowledge of policies prohibiting such use and establishing that employees had no right of privacy as to such materials, the court found that the emails “did not constitute ‘confidential communication between client and lawyer’ within the meaning of Evidence Code section 952″ and thus were not privileged and affirmed the holdings of the trial court.

K&L Gates, EDRM Collaborate to Enhance E-Discovery Database

Posted in NEWS & UPDATES

As a way of continuing to enhance the value of Electronic Discovery Law, we recently embarked on a project with the e-Discovery Reference Model (EDRM) to classify the more than 1,800 cases in our case database according to the EDRM standards.  These cases will retain their existing searchable tags in addition to the new EDRM… Continue Reading

Jury to Determine Question of Bad Faith and Whether to Draw Adverse Inference as Sanction for Loss of Video Pursuant to Document Retention Policy


Rattray v. Woodbury County, 2010 WL 5437255 (N.D. Iowa Dec. 27, 2010) In this case, the court imposed sanctions for defendants’ failure to preserve relevant video footage and ordered an instruction allowing the jury to determine whether the recording was destroyed in bad faith and, if so, to infer that it would have been unfavorable to… Continue Reading