Key Insight: Court did not abuse discretion in denying request for computer tapes where requesting party already possessed all information from tapes on wage cards and were not deprived of any data
Electronic Data Involved: Computer tapes containing wage information
Key Insight: Plaintiff failed to comply with court order by making various misrepresentations about whether all original input files were produced and whether software program changed over time it was used; sanction in form of attorneys’ fees and costs warranted
Nature of Case: Construction litigation
Electronic Data Involved: Software program and input files used to make design calculations
Key Insight: Reversing jury verdict of over $1.5 million in compensatory and punitive damages, court found evidence not legally sufficient to support finding that manager authored offending memorandum; computer experts testified regarding creation of memo, history of revisions and locations of copies
Nature of Case: Former employee sued former employer and managers for libel
Electronic Data Involved: Word document
Key Insight: District court’s refusal to enforce subpoena seeking non-party’s research data affirmed
Nature of Case: Herbicide cancellation proceeding
Electronic Data Involved: Research data regarding toxicity studies of third party
Key Insight: Motion for reconsideration of order granting of summary judgment properly denied where party failed to show that email from repaired server that was produced the day before summary judgment hearing qualified as “newly discovered evidence”
Nature of Case: Action to enforce advertising agreements
Electronic Data Involved: Email
Key Insight: Defendant’s failure to preserve integrity of computer (dropping it repeatedly and apparent tampering, including disconnecting internal cables prior to court-ordered inspection) and failure to produce responsive electronic material warranted monetary sanctions
Nature of Case: Misappropriation of trade secrets
Electronic Data Involved: Hard drive, deleted files, electronically stored invoices
Key Insight: Where plaintiff sought “any document which would evidence the true date when [a particular] entry was actually entered into the computer system,” court ruled that if plaintiff wishes to retain a forensic computer expert at her own expense, she may seek an order that defendant permit the expert to inspect the computer system
Nature of Case: Wrongful termination
Electronic Data Involved: Date of particular data entry in computer system
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
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
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
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