Case Summaries – Page 398 – Electronic Discovery Law

In re Merrill Lynch & Co., Inc. Research Reports Sec. Litig., 2004 WL 305601 (S.D.N.Y Feb. 18, 2004)

Dec 01 2004

Key Insight: Where defendants avowed that they were aware of their obligations and have taken and are continuing to take all necessary steps to preserve all potentially relevant electronic evidence, court determined there was no “imminent risk” that any deleted data would be overwritten and rendered irretrievable, and denied plaintiffs’ motion for order lifting automatic stay on discovery for purpose of preserving and restoring deleted email

Nature of Case: Securities class action

Electronic Data Involved: Email allegedly deleted by individual defendant and his subordinates

Physicians Interactive v. Lathian Systems, Inc., 2003 WL 23018270 (E.D. Va. Dec. 5, 2003)

Dec 01 2004

Key Insight: Court allowed limited expedited discovery to enter and obtain mirror images of defendants’ computer equipment containing electronic data relating to alleged hacking attacks on plaintiff’s server; discovery was limited to information related to alleged attacks, and assistance of computer forensic expert was required

Nature of Case: Misappropriation of trade secrets and related torts

Electronic Data Involved: Evidence of computer hacking

Ranta v. Ranta, 2004 WL 504588 (Conn. Super. Ct. Feb. 25, 2004)

Dec 01 2004

Key Insight: Plaintiff wife ordered to stop using the couple’s laptop computer and deposit it with the clerk of court, so that it may be marked as evidence and stored in court’s vault; order extended to all floppy disks, CDs, etc; neither party to be allowed to access the laptop, rather, it may only be accessed by a recognized computer expert under oath testifying from the witness stand in open court

Nature of Case: Divorce proceeding

Electronic Data Involved: Laptop

S. Diagnostic Assoc. v. Bencosme, 833 So.2d 801 (Fla. Dist. Ct. App. 2002)

Dec 01 2004

Key Insight: Appellate court granted writ and quashed trial court’s order granting party’s motion for leave to inspect non-party’s computer system; remanded with directions to trial court to craft a narrowly-tailored order that sets parameters and limitations on the inspection

Nature of Case: Insurance bad faith

Electronic Data Involved: Computer system; records of payments to physicians

Times Publ’g Co. v. City of Clearwater, 830 So.2d 844 (Fla. Dist. Ct. App. 2002)

Dec 01 2004

Key Insight: Email stored in government computers does not automatically become public records by virtue of that storage; private or personal email fell outside the statutory definition of “public records”

Nature of Case: Newspaper sued city to release as public record all email sent from or received by two city employees

Electronic Data Involved: Email

United States v. Sungard Data Sys., 173 F. Supp. 2d 20 (D.D.C. 2001)

Dec 01 2004

Key Insight: Motion to preclude in-house counsel from having access to confidential information produced by competitors denied; court established detailed protective order for handling of confidential information

Nature of Case: Antitrust

Electronic Data Involved: Electronic documents

Xpedior Creditor Trust v. Credit Suisse First Boston (USA), Inc., 2003 WL 22283835 (S.D.N.Y. Oct. 2, 2003)

Dec 01 2004

Key Insight: Motion for protective order requiring plaintiff to share the cost of restoring computer files denied; Zubulake judge applied Zubulake factors and concluded that cost-shifting was not appropriate

Nature of Case: Breach of contract class action

Electronic Data Involved: Computer files housed on decommissioned systems

Bovis Lend Lease, LMB, Inc. v. Seasons Contracting Corp., 2002 WL 31729693 (S.D.N.Y. Dec. 5, 2002)

Dec 01 2004

Key Insight: Various emails among claims handlers, supervisors, in-house counsel and outside counsel were protected from discovery by either attorney-client privilege, work product doctrine, or both; however, voluntary production of certain emails waived protections; inadvertent disclosure may waive protections if reasonable precautions were not taken to guard against inadvertent disclosure

Nature of Case: Insurance coverage

Electronic Data Involved: Email

Comcast of Ill. X, LLC v. Till, 293 F. Supp. 2d 936 (E.D. Wis. 2003)

Dec 01 2004

Key Insight: Court granted plaintiff’s ex parte motion for expedited discovery and for preservation order; defendant ordered not to destroy or remove any books and records, including those stored electronically

Nature of Case: Cable TV provider sued party alleged to have sold illegal decoders

Electronic Data Involved: Email and business records stored on computer

Dziadkiewicz v. Blue Cross & Blue Shield of R.I., 2004 WL 2418308 (D.R.I. Oct. 13, 2004)

Dec 01 2004

Key Insight: Since defendant failed to timely produce database dictionary and did not produce all of its expert’s relevant email, court granted motion to compel production of expert’s email; court further granted plaintiff’s request to reconvene expert’s deposition and would allow plaintiff’s expert to review additional material produced and modify his conclusions accordingly

Nature of Case: ERISA litigation

Electronic Data Involved: Email and database dictionary

Catagory:Case Summaries