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

Monthly Archives: July 2012

Failure to Disable Auto-Delete and To Follow Up with Recipients of Litigation Hold Results in Adverse Inference

Posted in CASE SUMMARIES

Apple, Inc. v. Samsung Elecs. Co. Ltd., No. C 11-1846 LHK (PSG) (N.D. Cal. July 25, 2012) In this case, the court sanctioned Defendant for the loss of relevant emails resulting from Defendant’s failure to halt the auto-delete feature of its proprietary email system and failure to appropriately follow up with employees subject to the… Continue Reading

“Take it e-sy”

Posted in NEWS & UPDATES

K&L Gates partner Julie Anne Halter was featured on a Q&A panel of litigators discussing e-disclosure as a transformative tool in litigation.  Panelists were asked: With technology changing constantly, how can lawyers best use e-disclosure to help their clients through the litigation process?  Four experts debate some of the hot topics in this area. Read… Continue Reading

Court Imposes Serious Sanctions for Discovery Violations, Orders Appointment of Special Master to Investigate Defendant’s Discovery Compliance

Posted in CASE SUMMARIES

E.E.O.C. v. Fry’s Elecs. Inc., No. C10-1562RSL (W.D. Wash. July 3, 2012)

In this case, the court twice imposed serious sanctions for Defendant’s discovery violations and ordered the appointment of a Special Master who was to be granted broad access to Defendant’s records and personnel to “review defendant’s document retention, search, and disclosure activities” and to “report to the court regarding any as-of-yet undiscovered discovery violations.”

Supreme Court of Florida Adopts Amendments to Civil Rules to Address e-Discovery

Posted in NEWS & UPDATES

On July 5, 2012, the Supreme Court of Florida adopted amendments to the Florida Rules of Civil Procedure to address the discovery of electronically stored information.  The amendments will become effective September 1, 2012 at 12:02 a.m. The amendments will affect seven rules of civil procedure: “1.200 (Pretrial Procedure); 1.201 (Complex Litigation); 1.280 (General Provisions… Continue Reading

Da Silva Moore: Plaintiffs Object to Denial of Motion for Recusal or Disqualification

Posted in NEWS & UPDATES

On June 29, 2012, Plaintiffs filed their Rule 72(A) objection to Magistrate Judge Peck’s denial of their Motion for Recusal or Disqualification.  Plaintiffs’ brief is available below.  (Plaintiffs’ declaration in support of their brief is over 500 pages long and is available on PACER  at http://www.pacer.gov/.) Plaintiffs’ Rule 72(A) Objection to the Magistrate’s June 15, 2012… Continue Reading

Court Orders Production of Five Years of Content from Facebook, MySpace for Opposing Counsel’s Review

Posted in CASE SUMMARIES

Thompson v. Autoliv ASP, Inc., No. 2:09-cv-01375-PMP-VCF, 2012 WL 2342928 (D. Nev. June 20, 2012)

In this personal injury and product liability case, the court granted (in part) Defendant’s motion to compel production of the contents of Plaintiff’s Facebook and MySpace accounts from April 2007 through the present and ordered that the contents be uploaded to an external storage device and produced to defense counsel for review and identification of “discoverable” materials.

Court Rules Criminal Defendant’s Twitter Records, Including Tweets, Subject to Production

Posted in CASE SUMMARIES

People v. Harris, No. 2011NY080152 (N.Y. Crim. Ct. 2012) In a highly anticipated ruling, New York Judge Matthew A. Sciarrino Jr. has entered an order requiring Twitter Inc. to respond to a subpoena from the District Attorney’s Office and to produce both “non-content” and “content” information associated with the alleged account of criminal defendant Malcolm Harris.  Twitter had… Continue Reading