Key Insight: Court denied motion for expedited discovery to image defendants? and third parties? computers pursuant to Rule 45 where inspection sought evidence of defamation unrelated to plaintiff?s claims of fraud in connections with the sale of securities and other related fraud
Nature of Case: Securities fraud
Electronic Data Involved: Email, backup tapes, removable storage units
Key Insight: Court declined to compel compliance with subpoena seeking forensic image of third-party competitor?s computer where third party asserted it had no relevant documents on its computers, where an expert?s search confirmed that assertion and where plaintiff failed to establish third party?s possession of documents sought; regarding plaintiff?s claim that defendant?s search was incomplete where it did not include titles or phrases from documents not included in the complaint, court ordered meet and confer regarding supplemental search terms and for third party to allow forensic expert to conduct search
Nature of Case: Violation of Trade Secrets Act, Computer Fraud Abuse Act and terms of employment contract
Electronic Data Involved: ESI, hard drive
Key Insight: Court declined to compel government to undertake ?seemingly redundant and unquestionably burdensome? search of 15 disks in witness?s possession where defendant failed to show that documents on disk materially varied from documents already searched and reviewed by government and where government had produced responsive documents discovered in that search pursuant to Rule 16 obligations
Nature of Case: Securities fraud and conspiracy
Electronic Data Involved: Computer disks
Key Insight: Court granted plaintiffs? request for access to third party?s proprietary software where court determined software and its underlying processes were relevant to plaintiffs? claims and that all less intrusive means to obtain the necessary information had been exhausted; court?s order allowed access to the software by plaintiffs? expert but protected the confidentiality of the information with a protective order that placed limitations on who may access the software and limited the use of the information solely to the litigation
Nature of Case: Challenge to accuracy of insurance company estimates for fire damage
Electronic Data Involved: Proprietary software
Key Insight: Court granted plaintiffs? motion to for leave to take expedited discovery from defendants? internet service providers (two universities) for purpose of identifying Doe defendants where information sought was necessary for continued prosecution of the litigation and where narrowly tailored requests would reduce if not eliminate any prejudice to defendants; court limited discovery to defendants? directory information and MAC (media access control) addresses and provided defendants opportunity to object
Nature of Case: Copyright infringement
Electronic Data Involved: ISP directory information, MAC addresses
Key Insight: Where a university responded to a subpoena seeking ?all documents and electronically-stored information relating to the assignment of the IP addresses? of unidentified, suspected copyright infringers by producing file logs identifying the dorm rooms associated with the IP addresses at issue and the MAC addresses of the devices used to access the internet, but where it could not provide the names to which the addresses were assigned because the rooms were shared, court denied motion to compel based on specific language of subpoena but permitted service of a third subpoena specifically seeking names of the residents of each room at issue
Nature of Case: Copyright infringement
Electronic Data Involved: Names of ISP subscribers
Key Insight: Court denied plaintiff?s motion to compel production of search ?hits? from non-party?s laptop where agreed upon neutral third party conducted search, where counsel reviewed hits and concluded none were relevant, and where plaintiff provided no showing of bad faith or indicia of unreliability; court offered plaintiff option to request report indicating methods utilized in search, broad description of documents hit, and confirmation of no evidence of wiping
Electronic Data Involved: Laptop computer files
Key Insight: Where plaintiffs? privilege log specified doc type, doc date, bates numbers, author, recipients and a document title but did not sufficiently describe the content of the document, court ordered production of proper log that must ?identify each document with specificity as is need to demonstrate the communication was made for the purpose of obtaining or providing legal services and that the communication was intended to be and was kept confidential.?
Electronic Data Involved: Privileged email and hard copy communications
Key Insight: Court declared subpoena invalid because requirements of Rule 26(d) apply to subpoenas issued to non-parties, and parties’ written correspondence did not satisfy the requirements of Rule 26(f) to meet, confer, and develop a discovery plan
Nature of Case: Insurance coverage
Electronic Data Involved: Hurricane damage evaluation materials prepared by third party
Key Insight: Where first tier of discovery showed numerous similarities between certain CAD files, drawing and specifications maintained by the parties, court found that second tier of limited additional discovery was warranted and ordered defendant’s current employer to produce materials relating to four additional projects; court further entered order on parties’ agreement relating to forensic imaging of current employer’s computer servers and desktops at plaintiff’s expense
Nature of Case: Design firm sued former vice president under Computer Fraud and Abuse Act
Electronic Data Involved: Computer files
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