Key Insight: Plaintiffs’ motion to retrieve email granted; defendants required to re-search backup tapes using broader subject matter and time period, and to search email folders of any relevant individual in same manner
Nature of Case: ESOP plan participants sued employer and ESOP for breach of fiduciary duty and other wrongs
Electronic Data Involved: Email and other computerized data
Key Insight: Appellate court reversed trial court’s dismissal of suit; backup tape of plaintiff’s earlier court proceeding was public record under state statute and defendants were required to permit plaintiff to examine and inspect the backup tape
Nature of Case: Suit to compel disclosure of public records
Electronic Data Involved: Backup tape containing sound recording of a hearing in a separate lawsuit
Key Insight: Texas Supreme Court denied defendant’s request for mandamus relief, finding that trial court did not abuse discretion in ordering production of backup tapes since defendant failed to support its objections as required by Tex. R. Civ. P. 193.4(a)
Nature of Case: Class action against web host alleging contract breach, negligence and violation of Deceptive Trade Practices Act
Electronic Data Involved: Backup tapes
Key Insight: Court created its own eight-factor test by adding one more factor to the Zubulake seven-factor test, and determined that cost-shifting was appropriate (responding party 25% and requesting party 75%)
Nature of Case: Sexual harassment
Electronic Data Involved: Email stored on backup tapes
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