Case Summaries – Page 302 – Electronic Discovery Law

Bray & Gillespie Mgmt. LLC v. Lexington Ins. Co., 2008 WL 5479701 (M.D. Fla. Nov. 25, 2008)

Dec 01 2008

Key Insight: Where documents produced by plaintiffs had been printed into hard copy and then scanned into electronic format and produced on CD, Special Master found that documents had not been produced as they were kept in the ordinary course of business pursuant to Rule 34 and recommended plaintiffs be ordered to produce an index identifying documents responsive specifically to moving party?s requests; court adopted Special Master?s recommendation in subsequent opinion, 2008 WL 5120696 (M.D. Fla. Dec. 4, 2008)

Nature of Case: Insurance coverage and related claims

Electronic Data Involved: Email, unspecified ESI

Varkonyi v. State, 276 S.W. 3d 27 (Tex. App. 2008)

Dec 01 2008

Key Insight: Appellate court found that pornographic video attached to an email from defendant was properly authenticated under Tex. R. Evid. 901(b)(4) where, considering the ?appearance, contents, substance and other distinctive characteristics, taken in conjunction with the circumstances,? the video was found to be what it was purported to be and where, applying the ?reply letter doctrine? the video was considered to be genuine and admissible in light of the fact that it was sent in response to a message sent by the government inquiring about the video, among other things

Nature of Case: Promotion of or possession with intent to promote obscene material

Electronic Data Involved: Pornographic video attachment to email

Reckley v. City of Springfield, 2008 WL 5234356 (S.D. Ohio Dec. 12, 2008)

Dec 01 2008

Key Insight: Court declined to find waiver of inadvertently produced emails pursuant to ER 502(b) where some of the emails were marked attorney-client privileged, where counsel took prompt steps to claim the privilege and seek their return, and where the disclosure ?took place in the context particularly intended to be addressed by Fed. R. Evid. 502, the production of electronically stored information.?

Electronic Data Involved: Emails

RGIS, LLC v. A.S.T., Inc., 2008 WL 186349 (E.D. Mich. Jan. 22, 2008)

Dec 01 2008

Key Insight: Court granted defendants? request for appointment of Fed. R. Civ. P. 53 special master to analyze and compare source codes of subject software prior to any discovery of proprietary source codes

Nature of Case: Copyright infringement

Electronic Data Involved: Source code for software in hand-held computers used for inventory control

APC Filtration, Inc. v. Becker, 2008 WL 548765 (N.D. Ill. Feb. 25, 2008)

Dec 01 2008

Key Insight: Court rejected defendants’ objections to magistrate judge’s December 21, 2008 order imposing sanctions of $99,462, upheld the December 21, 2008 order in its entirety, and ordered defendants to comply with the order by March 3, 2008

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

Electronic Data Involved: Computer

Peterson v. Tri-Country Metro. Transp. Dist. of Or., 2008 WL 723521 (D. Or. Mar. 14, 2008)

Dec 01 2008

Key Insight: Where emails and other documents stored on backup records were destroyed after complaint was filed, but reasons defendant began destroying such outdated mainframe reel-to-reel tapes at that time were (1) to reduce storage costs of up to $4,000 per year and (2) because data on tapes was no longer readable, and decision to destroy the unusable tapes not made by anyone who had anything to do with plaintiff, court concluded evidence did not support drawing any adverse inference from defendant?s intentional destruction of potentially probative evidence

Nature of Case: Claim for violation of FMLA

Electronic Data Involved: Emails stored on outdated mainframe reel-to-reel tapes

Global Technical Search, Inc. v. Jacobsen, 2008 WL 789929 (S.D. Cal. Mar. 21, 2008)

Dec 01 2008

Key Insight: Where defendant certified that he had deleted any and all of plaintiff’s proprietary information from his computer and stipulated to plaintiff’s requested relief, court ordered that a mutually acceptable representative of plaintiff be allowed to examine defendant’s computer to confirm permanent deletion of proprietary information

Nature of Case: Misappropriation of confidential and proprietary information

Electronic Data Involved: Recruiting firm’s database; computer hard drive

Robinson v. Motivation Excellence, Inc., 2008 WL 2096957 (W.D. Pa. May 16, 2008)

Dec 01 2008

Key Insight: Because court ruled that plaintiff?s claims were without merit and granted defendant?s motion to dismiss, with prejudice, court concluded there was no need for expert to access laptop?s hard drive and that defendant was entitled to return of its property; court ordered plaintiff to return laptop and other property to defendant former employer, and directed defendant to ?preserve, maintain, and protect all such property and things in their present state from destruction, modification and/or alteration? until the action was finalized

Nature of Case: Wrongful termination

Electronic Data Involved: Employer-provided laptop

Sedona Corp. v. Open Solutions, Inc., 249 F.R.D. 19 (D. Conn. 2008)

Dec 01 2008

Key Insight: Where plaintiff argued that defendant’s search for responsive documents was insufficient insofar as it was limited to search of computers of seven employees listed in defendant’s Rule 26(a) disclosure using five search terms, and defendant represented that: (1) it searched records of employees who were principally involved with project, (2) it used search terms that would reasonably lead to responsive documents without also producing volumes of unrelated documents, (3) in addition to conducting computer-based search, it also asked employees to search their electronic and physical records; (4) there were no other locations where responsive documents might be located; and (5) it did not have any backup tapes to search as its attempts to restore lost data had failed, court found defendant had conducted reasonable search for responsive documents and denied plaintiff?s motion to compel broader search

Nature of Case: Contract dispute

Electronic Data Involved: Email and other ESI

Leibholz v. Hariri, 2008 WL 2697336 (D.N.J. June 30, 2008)

Dec 01 2008

Key Insight: Court denied third party?s motion to quash and ordered it to produce 30(b)(6) witness to testify regarding maintenance of electronic copies of files, including electronic copies of two contested letters, backup procedures utilized, and document and electronic record retention policies

Nature of Case: Securities fraud, common law fraud, promissory and equitable estoppel, breach of contract

Electronic Data Involved: Electronic copies of two disputed letters

Catagory:Case Summaries