Archive: March 4, 2008

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ABA TechShow 2008 is March 13-15 in Chicago
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Court Finds Deleted Email “Not Reasonably Accessible”; No Duty to Search Backup Tapes for Emails of a Sexual Nature

ABA TechShow 2008 is March 13-15 in Chicago

March 13-15, 2008
Hilton Chicago
720 South Michigan Avenue
Chicago, IL 60605

ABA TechShow 2008 offers more than 50 education and training sessions in 16 different tracks.  Sessions are designed to help people at various skills levels learn to make the most effective use of technology in their legal setting.  Whether you are an IT novice or a technocrat, a solo practitioner or a large firm lawyer, ABA TechShow provides programming options that are sure to challenge your thinking and expand your knowledge.

K&L Gates partner David R. Cohen will be participating in two sessions at this popular conference:

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Court Finds Deleted Email “Not Reasonably Accessible”; No Duty to Search Backup Tapes for Emails of a Sexual Nature

Petcou v. C.H. Robinson Worldwide, Inc., 2008 WL 542684 (N.D. Ga. Feb. 25, 2008)

In this employment discrimination case, the court had previously ordered defendant to produce computer-generated reports of attempts by its employees to access adult websites at two of its branches during the relevant time period.  Although the court had denied plaintiffs’ request for email messages with adult content, it gave plaintiffs the option to file a motion for reconsideration after they had been given an opportunity to obtain evidence regarding defendant’s burden of production.  This opinion addresses plaintiffs’ renewed motion, in which they requested that defendant produce “at a minimum, documents showing any emails of a sexual or gender derogatory nature sent from 1998 through 2006.”

Evidence relating to defendant’s burden was as follows:

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