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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 2012

Plaintiff Sanctioned for Burning Personal Computer


Evans v. Mobile Cnty. Health Dept., No. CA 10-0600-WS-C, 2012 WL 206141 (S.D. Ala. Jan. 24, 2012)

In this case, the defendant sought to compel the production of additional information and sanctions for plaintiff’s destruction of her computer. Following its analysis of the facts, including plaintiff’s admission that the computer used during the time of her alleged harassment had been burned and replaced, the court granted defendant’s motions and compelled production of additional ESI as well as plaintiff’s new computer and imposed sanctions, including an adverse inference instruction.

True Grit: Four Models to Rein in E-Discovery Costs

Posted in NEWS & UPDATES

By Robyn Weisman & Monica Bay Law Technology News, January 30, 2012 Today’s top law firms and their corporate clients are struggling to find the right combination of people, processes, technology — and facilities — to effectively control the quality and costs of electronic data discovery.  The risks are acutely visible for those who stumble:… Continue Reading

D.C. Court of Appeals Committee on the Unauthorized Practice of Law Issues Opinion addressing “Discovery Services Companies”

Posted in NEWS & UPDATES

On January 12, 2012, the D.C. Court of Appeals Committee on the Unauthorized Practice of Law (“UPL Committee”) approved Opinion 21-12 addressing the applicability of D.C. Court of Appeals Rule 49 to “‘discovery services companies’—companies that state they offer comprehensive discovery services, including assistance with large scale document review, to legal services organizations.”  Rule 49… Continue Reading

Failure to Produce Originals Could be Spoliation in Third Circuit


Bull v. United Parcel Service, Inc., 665 F.3d (3d Cir. 2012) In this case, the appellate court concluded that “producing copies in instances where the originals have been requested may constitute spoliation if it would prevent discovering critical information,” but found that in the present case, the District Court abused its discretion in finding that spoliation had… Continue Reading

The Sedona Conference® Issues “International Principles on Discovery, Disclosure & Data Protection”


In December, the Sedona Conference® made available its latest publication, International Principles on Discovery, Disclosure & Data Protection: Best Practices, Recommendations & Principles for Addressing the Preservation & Discovery of Protected Data in U.S. Litigation (Public Comment Version).  Among the information included are six Principles and attendant commentary as well as a model protective order… Continue Reading

Plaintiff “Entitled” to Search Non-Party’s Personal Hard Drive Pursuant to Modified Subpoena


Wood v. Town of Warsaw, N.C., No. 7:10-CV-00219-D, 2011 WL 6748797 (E.D.N.C. Dec. 22, 2011)

Defendant moved to modify a subpoena which sought access to a non-party’s personal hard drive. Upon plaintiff’s clarification that he would bear the costs of the search and cooperate to negotiate search terms and that he sought only the non-privileged ESI identified by search terms and not all contents of the drive, the court ordered that the non-party’s counsel could review the results before production and allowed the search to go forward.

The “American Rule” Rules: Court Declines to Compel Defendants to Share Cost of Plaintiffs’ Subpoena


Last Atlantis Capital LLC v. AGS Specialist Partners, No. 04 C 0397, 2011 WL 6097769 (N.D. Ill. Dec. 5, 2011) In this case, Plaintiffs proposed that Defendants share in the cost of obtaining data that Plaintiffs subpoenaed.  Obtaining the information at issue was described by the court as “the linchpin of this entire matter.”  Moreover,… Continue Reading