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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 2013

Court Considers the “Persnickety, but Persistent Question” of What Qualifies as “Content” Under the Stored Communications Act


Optiver Australia Pty. Ltd. & Anor. v. Tibra Trading Pty. Ltd. & Ors., No. C 12-80242 EJD (PSG), 2013 WL 256771 (N.D. Cal. Jan. 23, 2013)

In this case, the court granted in part Defendant’s Motion to Quash upon finding that Google’s production of metadata related to communications containing certain search terms and production of subject lines would violate the Stored Communications Act (“SCA”).

Upcoming Events

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Compliance, Governance and Oversight Council, Summit 2013 – Stemming the Rising Tide of Data, Cost and Risk March 14-15, 2013 The Resort at Pelican Hill 22701 South Pelican Hill Road Newport Beach, CA Join K&L Gates Partner, Martha J. Dawson and her fellow speakers for their discussion of “eDiscovery Law Today and Its Trajectory,” as… Continue Reading

Court Awards Sanctions for Discovery Violations, Including Wrongful Certification Pursuant to Rule 26(g)


Branhaven LLC v. Beeftek, Inc., —F.R.D.—, 2013 WL 388429 (D. Md. Jan. 4, 2013) In this case, the court imposed sanctions for discovery violations, including wrongful certification pursuant to Fed. R. Civ. P. 26(g) and violations of Fed. R. Civ. P. 34(b) addressing the appropriate format of production. Notably, the award was made jointly and… Continue Reading