Data Preservation – Page 102 – 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

Metro. Opera Ass?n, Inc. v. Local 100, 2004 WL 1943099 (S.D.N.Y. Aug. 27, 2004)

Dec 01 2004

Key Insight: On defendant’s motion for reconsideration, court again described numerous discovery failings by the defendants, concluded that it would adhere to its prior decision at 212 F.R.D. 178, and further rejected two new arguments belatedly advanced by defendant relating the merits of plaintiff’s underlying claims

Nature of Case: Opera company sued union

Electronic Data Involved: Email and electronic documents; hard drives

MPCT Solutions Corp. v. Methe, 1999 WL 495115 (N.D. Ill. July 2, 1999)

Dec 01 2004

Key Insight: Sanctions in form of preliminary injunction preventing defendant from contacting MPCT clients granted, after defendant violated preservation order by deleting documents from laptop and defragmenting hard drive, thus preventing the recovery of deleted data

Nature of Case: Enforcement of non-competition agreement

Electronic Data Involved: Electronic documents stored on laptop

Nat’l Assoc. of Radiation Survivors v. Turnage, 115 F.R.D. 543 (N.D. Cal. 1987)

Dec 01 2004

Key Insight: Failure to produce computer data and other discovery abuses warranted imposition of monetary sanctions against defendant ($105,000 paid to plaintiffs and $15,000 paid to clerk of court “for the unnecessary consumption of the court’s time and resources”) and appointment of special master at defendant’s expense for purpose of monitoring its compliance with all further discovery

Nature of Case: Class action brought by veterans for alleged exposure to radiation during service with armed forces

Electronic Data Involved: Two V.A. computer systems (databases)

Nutrition Mgmt. v. Harborside Healthcare Corp., 2004 WL 887401 (E.D. Pa. Mar. 19, 2004)

Dec 01 2004

Key Insight: Court denied plaintiff’s motion in limine to preclude testimony, which was based on speculation that email had been destroyed, since defendants produced sworn testimony that all relevant emails were produced, and legitimate reason for erasing some emails “was simply a function of cleaning the junk mail and other clutter from the computer software and disk storage space”

Nature of Case: Breach of contract and tort claims

Electronic Data Involved: Email

Oved & Assocs. Const. Servs., Inc. v. Superior Court, 2003 WL 23028903 (Cal. App. Dec. 30, 2003) (Unpublished)

Dec 01 2004

Key Insight: Petition for writ of mandate denied; based on evidence that a business computer was used for accounting and nothing else, and that there was a risk the hard drive might be purged, trial court acted properly when it ordered the petitioner to produce the computer’s hard drive

Nature of Case: Misappropriation of funds

Electronic Data Involved: Hard drive

Pennar Software Corp. v. Fortune 500 Sys., Ltd., 51 Fed. R. Serv. 3d 279, 2001 WL 1319162 (N.D. Cal. Oct. 25, 2001)

Dec 01 2004

Key Insight: Defendant’s discovery abuses and deletion of web site pages and other electronic information warranted entry of order enjoining spoliation and imposing monetary sanctions against defendant

Nature of Case: Breach of contract and related claims

Electronic Data Involved: Web site pages; log files and backup tapes of nonparty web hosting company

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

Positive Software Solutions, Inc. v. New Century Mortgage Corp., 259 F. Supp. 2d 561 (N.D. Tex. 2003)

Dec 01 2004

Key Insight: Court entered preservation order requiring preservation of all extant backups or images of all servers or personal computers containing disputed software or email; court denied motion to compel imaging of all media potentially containing software or electronic evidence relevant to the claims in the suit, and all images of defendants’ computer storage facilities, drives and servers taken to date, as substantially overbroad

Nature of Case: Copyright infringement

Electronic Data Involved: Backups and images of servers, software and email

Premier Homes & Land Corp. v. Cheswell, Inc., 240 F. Supp. 2d 97 (D. Mass. 2002)

Dec 01 2004

Key Insight: In related action, court granted defendant’s ex parte application to allow its consultants to create mirror images of plaintiff’s computer hard drives, backup tapes and other storage media, in light of allegation that critical document and email were fabricated; after granting unopposed motion to dismiss, court awarded defendant $24,845.99 in fees and costs, including computer consultant fees of $5,650

Nature of Case: Alleged breach of lease agreement

Electronic Data Involved: Hard drives and other storage devices

Tag:Data Preservation