Archive: December 1, 2004

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In re Verisign, Inc. Sec. Litig., 2004 WL 2445243 (N.D. Cal. Mar. 10, 2004)
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US Greenfiber v. Brooks, 2002 WL 31834009 (W.D. La. Oct. 25, 2002)
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United States v. Visa USA, Inc., 1999 WL 476437 (S.D.N.Y. Jul. 7, 1999)
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United States v. Sungard Data Sys., 173 F. Supp. 2d 20 (D.D.C. 2001)
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United States v. Stewart, 294 F. Supp. 2d 490 (S.D.N.Y. 2003)
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United States v. Stewart, 287 F. Supp. 2d 461 (S.D.N.Y. 2003)
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United States v. Rigas, 281 F. Supp. 2d 733 (S.D.N.Y. 2003)
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United States v. Philip Morris USA Inc., 327 F. Supp. 2d 21 (D.D.C. 2004)
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United States v. Koch Ind., Inc., 197 F.R.D. 463 (N.D. Okl. 1998)
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United States v. Keystone Sanitation Co., 885 F. Supp. 672 (M.D. Pa. 1994)

US Greenfiber v. Brooks, 2002 WL 31834009 (W.D. La. Oct. 25, 2002)

Key Insight: Preliminary injunction prohibiting former employee from using or disclosing any of employer’s business information and directing her to return employer’s property, equipment, documents and business and quality control records (including computer records)

Nature of Case: Employer sued former employee for breach of fiduciary duty and related torts

Electronic Data Involved: Emails and computer records

United States v. Visa USA, Inc., 1999 WL 476437 (S.D.N.Y. Jul. 7, 1999)

Key Insight: Parties agreed to narrow the scope of archived email search, both in terms of the number of employees whose email was to be produced and the number of days per month for which that email was to be produced; defendants to bear cost of production ($130,000) initially, but court reserved decision about who ultimately would bear cost; court denied plaintiff’s request that defendant make its production available on CD-ROM

Nature of Case: Antitrust

Electronic Data Involved: Archived email

United States v. Stewart, 287 F. Supp. 2d 461 (S.D.N.Y. 2003)

Key Insight: Court ruled that, although Martha Stewart waived the attorney client privilege when she forwarded to her daughter a privileged email containing her account of the facts surrounding her sale of the stock, she did not waive work product protection

Nature of Case: Criminal proceedings re Stewart’s sale of ImClone stock

Electronic Data Involved: Email

United States v. Rigas, 281 F. Supp. 2d 733 (S.D.N.Y. 2003)

Key Insight: Court ruled that no work product waiver occurred when entire computer network account of USAO paralegal was inadvertently copied onto working copy of hard drive held by prosecution as evidence and made available to defense; defense motion to retain privileged documents denied

Nature of Case: Criminal charges of conspiracy, bank fraud, wire fraud and securities fraud

Electronic Data Involved: Privileged documents on computer hard drive

United States v. Philip Morris USA Inc., 327 F. Supp. 2d 21 (D.D.C. 2004)

Key Insight: Finding it “astounding” that defendant’s employees failed to follow court’s preservation order and defendant’s own document retention policies, court rejected plaintiff’s request for adverse inference but imposed monetary sanction of $2,750,000 and barred testimony from at least 11 witnesses who failed to comply with defendant’s own internal document retention program

Nature of Case: Tobacco litigation

Electronic Data Involved: Email

United States v. Koch Ind., Inc., 197 F.R.D. 463 (N.D. Okl. 1998)

Key Insight: Defendant was negligent in failing to determine which computer tapes in tape library contained information relevant to imminent and ongoing litigation and in failing to communicate clear guidelines regarding preservation of information to data processing personnel and tape librarian; no adverse inference, but plaintiff could inform jury about destruction of tapes and impact on plaintiff’s proof

Nature of Case: Action under False Claims Act

Electronic Data Involved: Computer tapes

United States v. Keystone Sanitation Co., 885 F. Supp. 672 (M.D. Pa. 1994)

Key Insight: Inadvertent disclosure of defense attorney’s emails regarding defendants’ disposition of assets in context of massive production constituted subject matter waiver of attorney-client privilege because precautions taken to avoid such disclosure were not reasonable, defendants ordered to produce unredacted attorney billing memoranda relating to issue

Nature of Case: Environmental litigation

Electronic Data Involved: Email

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