Archive: 2006

1
United States ex rel. Parikh v. Premera Blue Cross, 2006 WL 2927700 (W.D. Wash. Oct. 11, 2006)
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Raytheon Aircraft Corp. v. United States, 2006 WL 2570545 (D. Kan. Sept. 5, 2006)
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Wells v. Orange County Sch. Bd., 2006 WL 4824479 (M.D. Fla. Nov. 7, 2006)
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Williams, Cohen & Gray, Inc. v. CPS Group, Inc., 2006 WL 3316783 (S.D. Tex. Nov. 14, 2006)
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Friedman v. Superior Court, 2006 WL 2497981 (Cal. Ct. App. Aug. 29, 2006) (Not Officially Published)
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Kemper Mortgage, Inc. v. Russell, 2006 WL 4968120 (S.D. Ohio May 4, 2006)
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Ky. Speedway, LLC v. Nat’l Ass’n of Stock Car Auto Racing, 2006 WL 5097354 (E.D. Ky. Dec. 18, 2006)
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Cornell Research Found., Inc. v. Hewlett-Packard Co., 2006 WL 5097357 (N.D.N.Y. Nov. 13, 2006)
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Interbake Foods, LLC v. Tomaseillo, 461 F. Supp. 2d 943 (N.D. Iowa 2006)
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C.H. Robinson Worldwide, Inc. v. Thorp, 2006 WL 3300396 (W.D. Wash. Nov. 14, 2006)

United States ex rel. Parikh v. Premera Blue Cross, 2006 WL 2927700 (W.D. Wash. Oct. 11, 2006)

Key Insight: Court employed five-factor balancing test to determine that, under totality of circumstances, defendant?s inadvertent disclosure of privileged emails did not effect waiver; court granted defendant?s motion for return of the privileged documents

Nature of Case: Allegations of Medicare fraud and retaliatory discharge

Electronic Data Involved: Privileged emails on CD

Raytheon Aircraft Corp. v. United States, 2006 WL 2570545 (D. Kan. Sept. 5, 2006)

Key Insight: Court denied as overly broad plaintiff’s request that government identify and produce all investigations and electronic databases concerning contamination at World War II Army Air Force bases, and instead ordered government to, at plaintiff’s indicated preference, either provide an index to the electronic databases or provide a knowledgeable member of its staff to assist plaintiff in its review of the databases

Nature of Case: CERCLA litigation

Electronic Data Involved: Databases

Wells v. Orange County Sch. Bd., 2006 WL 4824479 (M.D. Fla. Nov. 7, 2006)

Key Insight: Where defendant’s initial email search was not appropriate and incomplete and court observed that ?better communications and diligence ? e.g., through personal interaction rather than email between general counsel and the IT director ? would have avoided one year?s delay in producing relevant documents,? court denied motion to compel since record indicated that further searches would be futile, but awarded plaintiff costs of motion

Nature of Case: Wrongful termination, employment discrimination

Electronic Data Involved: Email

Williams, Cohen & Gray, Inc. v. CPS Group, Inc., 2006 WL 3316783 (S.D. Tex. Nov. 14, 2006)

Key Insight: Where defendant objected to providing hard copies of payment data and offered instead to make its database available to plaintiff in New York, court questioned prudence of offer and ordered production to take place in Houston, adding that parties should attempt to arrange for materials to be produced electronically and directing them to confer on method of production

Nature of Case: Breach of contract

Electronic Data Involved: Database

Friedman v. Superior Court, 2006 WL 2497981 (Cal. Ct. App. Aug. 29, 2006) (Not Officially Published)

Key Insight: Finding requests for production too broad and not reasonably particularized, appellate court concluded that trial court had erred in, among other things, not adequately resolving the question of how burdensome compliance with production requests would have proven to nonparties, where nonparties? counsel opined that it would take 5,260 hours to review email, at cost of $1,393,900, and requesting party?s expert estimated only 10 hours for such review; appellate court granted writ and vacated trial court’s orders

Nature of Case: Nonparties sought writ of mandate overturning trial court’s orders granting motion to compel depositions and production of documents pursuant to subpoenas

Electronic Data Involved: Email

Kemper Mortgage, Inc. v. Russell, 2006 WL 4968120 (S.D. Ohio May 4, 2006)

Key Insight: Where plaintiff presented convincing evidence at preliminary injunction hearing of defendant’s intentional spoliation of evidence, including his installation of file ?shredder? program on laptop computer the day before litigation was filed and under threat of its commencement, court allowed inference that that considerably more evidence of misconduct would have been found without the spoliation and granted preliminary injunction barring defendant from, among other things, destroying or deleting relevant ESI

Nature of Case: Breach of employment agreement

Electronic Data Involved: Laptop computer

Cornell Research Found., Inc. v. Hewlett-Packard Co., 2006 WL 5097357 (N.D.N.Y. Nov. 13, 2006)

Key Insight: Court found that litigation tactic employed by HP, in making such an extraordinary voluminous, twelfth hour production, was “disturbing,” but denied plaintiffs’ request that HP prepare a detailed index of material produced since it would be unduly harsh and potentially intrusive on attorney work product; court instead invited plaintiffs to seek additional, limited discovery if appropriate and noted tactic might be relevant to court’s declaring the lawsuit an exceptional case for purposes of awarding attorneys’ fees and costs in the event plaintiffs’ infringement claims were successful

Nature of Case: Patent infringement

Electronic Data Involved: Over 38 gigabytes of ESI produced late in discovery

Interbake Foods, LLC v. Tomaseillo, 461 F. Supp. 2d 943 (N.D. Iowa 2006)

Key Insight: Court entered preliminary injunction enjoining former employee from violating his confidentiality agreement and ordering him to preserve “all information currently stored on his personal computers, personal digital assistant, mobile telephone, including any information stored on backup media for a period of 180 days”; order also required employee’s new employer to preserve all information currently stored on its computers relating in any way to its recruitment and employment of the defendant, or its ice cream sandwich wafer operations, during the pendency of the litigation

Nature of Case: Misappropriation of trade secrets and related claims

Electronic Data Involved: Computer files containing sensitive product information

C.H. Robinson Worldwide, Inc. v. Thorp, 2006 WL 3300396 (W.D. Wash. Nov. 14, 2006)

Key Insight: Preliminary injunction ordered former employee to return customer information to plaintiff and to make available all personal computing devices in his home for inspection and review by an expert hired by plaintiff at plaintiff’s expense

Nature of Case: Misappropriation of trade secrets and breach of contract

Electronic Data Involved: Spreadsheets and home computing devices

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