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

Monthly Archives: February 2011

“[T]hrowing the Laptop Off a Building; Running Over the Laptop with a Vehicle; and Stating ‘If This Gets Us into Trouble, I Hope We’re Prison Buddies,’ Unquestionably Demonstrate Bad Faith.”


Daynight, LLC v. Mobilight, Inc., 248 P.3d 1010 (Utah Ct. App. 2011) Appellants appealed the district court’s decision to enter default judgment against a third-party defendant for the destruction of evidence.  Appellants argued that the sanction was excessive and unduly harsh and that the Utah Rules of Civil Procedure require a finding of willfulness, bad… Continue Reading

Upcoming Events – Spring 2011

Posted in EVENTS

The Knowledge Congress – Is Your Head in the Clouds? Best Policies, Practices, and Risk Management for Cloud Computing and ASP Services (Live Webcast) March 15, 2011 3 PM – 5 PM EST K&L Gates Partner David Cohen will present at this in-depth discussion of the rise of cloud computing and its impact on records… Continue Reading

“[M]etadata Maintained by the Agency as a Part of an Electronic Record is Presumptively Producible under FOIA, Unless the Agency Demonstrates that such Metadata is Not ‘Readily Reproducible.'”


Nat. Day Laborer Org. Network v. United States Immigration and Customs Enforcement Agency, 2011 WL 381625 (S.D.N.Y. Feb. 7, 2011)

In this Freedom of Information Act (“FOIA”) action, a dispute arose regarding the proper format of production and, in particular, whether metadata was subject to production pursuant to plaintiffs’ FOIA requests. Following substantial analysis of the issue, the court held that “certain metadata is an integral or intrinsic part of an electronic record” and, as such, is “‘readily reproducible’ in the FOIA context.”

Court Rejects Distinction between “Original Thumb Drives” and Forensic Images of the Same, Orders Production


Océ N. Am., Inc. v. MCS Servs., Inc., 2011 WL 197976 (D. Md. Jan. 20, 2011) In this case, plaintiff sought to compel the production of forensic images of certain “flash” or “thumb” drives.  The images were created by a neutral third-party expert upon agreement of the parties following defendant’s refusal to produce the drives… Continue Reading