Archive: February 8, 2005

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Judge Denies Forensic Search of Employer’s Information Systems to Confirm “Highly Speculative Conjecture”
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Highlights from the Public Hearing on Proposed Amendments to the Federal Rules of Civil Procedure

Judge Denies Forensic Search of Employer’s Information Systems to Confirm “Highly Speculative Conjecture”

Williams v. Mass. Mut. Life Ins. Co., 226 F.R.D. 144 (D. Mass. 2005)

In this wrongful termination case, plaintiff sought the court’s help in obtaining from defendant employer a particular email he claimed to have seen and possessed at one point, but no longer possessed. He sought an order appointing a neutral computer forensics expert to conduct the search for the email, and, in the event the email was discovered, to conduct an additional, more detailed electronic investigation “‘to locate and retrieve all electronic communications related to his employment and termination that have not as yet been produced by defendants.'” He also sought an order requiring defendants to “‘preserve all documents and information, whether in electronic or paper form, to suspend all recycling of any backup tapes, any automated deletion of e-mail, the reformatting of hard drives, and/or that an appropriate medium for retention of this type of data be disclosed and utilized.'” Read More

Highlights from the Public Hearing on Proposed Amendments to the Federal Rules of Civil Procedure

On January 12, 2005 in San Francisco, the Civil Rules Advisory Committee heard testimony from 15 witnesses. This was the first of three public hearings on the proposed amendments to the Federal Rules of Civil Procedure relating to electronic discovery. The following are some highlights of the testimony. The complete testimony can be found here. Read More

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