Archive: May 19, 2006

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District Court Affirms Magistrate’s Decision Finding No Privilege Waiver as to Personal Files Stored on (but Later Deleted from) Employer-Provided Laptop
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Citing Sedona Principles, State Court Allows Forensic Imaging of Former Employee’s Home Computer

District Court Affirms Magistrate’s Decision Finding No Privilege Waiver as to Personal Files Stored on (but Later Deleted from) Employer-Provided Laptop

Curto v. Med. World Communications, Inc., 2006 WL 1318387 (E.D.N.Y. May 15, 2006)

In this opinion, the district court denied defendants’ objections to a magistrate’s discovery order which concluded that plaintiff had not waived any attorney-client privilege or work product protection as to documents originally created on (but subsequently deleted from) two employer-provided laptops. Read More

Citing Sedona Principles, State Court Allows Forensic Imaging of Former Employee’s Home Computer

Quotient, Inc. v. Toon, 2005 WL 4006493 (Md. Cir. Ct. Dec. 23, 2005)

In this case, Quotient alleged that while still a Quotient employee, Mr. Toon intentionally and surreptitiously provided a former Quotient employee access to Quotient’s computer system so that the former employee could obtain Quotient’s trade secrets and confidential information and use such information to compete with Quotient. Quotient sought an order to permit Quotient’s retained computer expert access to “Toon’s personal computer system, hard drives and back-up hard drives, disks, C.D.’s and/or other data, back up devices or vehicles in order to capture an image of these items.” Quotient represented it would pay the full and complete cost of the copying process and would abide by any restriction on access and use imposed by the court. Read More

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