Case Summaries – Page 330 – Electronic Discovery Law

Guy Chem. Co., Inc. v. Romaco AG, 243 F.R.D. 310 (N.D. Ind. 2007)

Dec 01 2007

Key Insight: Where non-party used outside computer firm to handle its electronic data and estimated that cost to comply with subpoena would be $7,200, court found that data was “not reasonably accessible because of undue burden or cost” but ordered production in light of good cause shown, with cost of production to be paid by party who issued subpoena

Nature of Case: Breach of contract

Electronic Data Involved: Routine business documents stored electronically

Hudson Global Res. Holdings, Inc. v. Hill, 2007 WL 1545678 (W.D. Pa. May 25, 2007)

Dec 01 2007

Key Insight: Granting in part and denying in part plaintiff’s motion for TRO/preliminary injunction, court also ordered counsel to confer and suggest within ten days an agreeable method by which plaintiff, through its computer forensics expert or otherwise, may access and permanently delete or retrieve its information from defendant’s portable external hard drive and personal computer which were in court’s custody

Nature of Case: Plaintiff alleged claims of fraud, breach of fiduciary duty, misappropriation of trade secrets and unfair competition against former employee

Electronic Data Involved: Business data; laptop and portable hard drive

Albertson v. Albertson, 73 Va. Cir. 94, 2007 WL 6013036 (Va. Cir. Ct. 2007)

Dec 01 2007

Key Insight: Where issuance of a court order granting defendant the authority to access plaintiff?s password protected files already in defendant?s possession did not require plaintiff to perform a testimonial act, court held plaintiff?s assertion of Fifth amendment right did not bar court from granting defendant?s motion

Nature of Case: Divorce

Electronic Data Involved: Password protected computer files

ISO Claims Servs., Inc., ACI Div. v. Appraisal.com, Inc., 2007 WL 809684 (M.D. Fla. Mar. 15, 2007)

Dec 01 2007

Key Insight: Where plaintiff argued that it was willing to produce documents that were the subject of defendant’s motion to compel, but had been waiting for a response from defense counsel as to how to best produce electronic documents (which formed the bulk of the production), court set date for production and expressed hope that “the parties will be able to work out how best to produce documents contained in electronic format on their own”

Electronic Data Involved: Electronic data

Goss Int’l Ams., Inc. v. Graphic Mgmt. Assocs., Inc., 2007 WL 161684 (N.D. Ill. Jan. 11, 2007)

Dec 01 2007

Key Insight: Court ordered Swiss defendants to produce all documents relating to their contacts with the United States, including email, and further ordered that such email and any attachments be produced in native format as specified in the request for production

Nature of Case: Patent litigation

Electronic Data Involved: Email

ACS Consultant Co., Inc. v. Williams, 2007 WL 674608 (E.D. Mich. Mar. 5, 2007)

Dec 01 2007

Key Insight: Court quashed subpoena issued by plaintiff directing YAHOO! Inc. to produce all emails sent or received by individual defendant during specific time period in light of privacy and privilege concerns, but advised that plaintiff could obtain a new subpoena that was limited in scope

Nature of Case: Breach of employment agreement and wrongful termination

Electronic Data Involved: Email

Amersham Biosciences Corp. v. PerkinElmer, Inc, 2007 WL 842038 (D.N.J. Mar. 15, 2007) (Unpublished)

Dec 01 2007

Key Insight: Court denied plaintiff’s motion for reconsideration of that portion of its January 31, 2007 order adopting magistrate judge’s finding that plaintiff had waived any privilege that may have applied to the 37 Non-Lotus Notes Documents

Nature of Case: Patent litigation

Electronic Data Involved: Privileged email

Synergy Tech & Design Inc. v. Terry, 2007 WL 1288464 (N.D. Cal. May 2, 2007)

Dec 01 2007

Key Insight: Where defendants produced only 82 pages of emails without their attachments, and the record indicated that other responsive material existed, including the email attachments and data being mined by forensic expert hired by defendant, court found that defendants had not fully complied with prior discovery order, imposed monetary sanctions, and ordered defendant to produce additional documents and/or provide declarations detailing their specific efforts to locate responsive material

Nature of Case: Patent litigation

Electronic Data Involved: Email attachments and other data obtained through forensic means

Jacobs v. Scribner, 2007 WL 1994235 (E.D. Cal. July 5, 2007)

Dec 01 2007

Key Insight: Noting that a motion to preserve evidence requires court to consider: 1) level of concern for the continuing existence and maintenance of the integrity of the evidence in question in the absence of a preservation order; 2) any irreparable harm likely to result to party seeking preservation absent such an order; and 3) capability of individual or entity to maintain the evidence sought to be preserved, not only as to the evidence’s original form, condition or contents, but also the physical, spatial and financial burdens created by ordering the evidence preservation, court denied (without prejudice) motion for entry of preservation order as premature since defendants had not yet appeared

Nature of Case: Prisoner brought civil rights action

Electronic Data Involved: Videotaped interviews relevant to plaintiff’s claims

Healthcare Advocates, Inc. v. Harding, Earley, Follmer & Frailey, 497 F.Supp.2d 627 (E.D. Pa. 2007)

Dec 01 2007

Key Insight: Spoliation sanctions were not warranted for defendant’s failure to preserve copies of screenshots that may have been automatically stored in temporary cache files of defendant’s computers, since plaintiff’s counsel’s preservation letter said nothing about preserving temporary cache files, defendant had no reason to believe such files were relevant, files were deleted automatically and not through any affirmative action by defendant, defendant produced forensic images of its hard drives, and plaintiff established little if any prejudice from loss of cache files

Nature of Case: Copyright infringement and violations of the Computer Fraud & Abuse Act

Electronic Data Involved: Copies of archived website screenshots automatically stored in temporary cache files of defendant’s computers

Catagory:Case Summaries