Electronic Discovery Law is a blog on legal issues, news, and best practices relating to the discovery of electronically stored information published by the e-Discovery Analysis & technology Group at K&L Gates.
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Personal Emails Retained by Public School's Email System Not Subject to Michigan's Freedom of Information Act
Howell Educ. Assoc. MEA/NEA v. Howell Board of Educ., 2010 WL 290515 (Mich. Jan. 26, 2010) In this “reverse” Freedom of Information Act (FOIA) case, the trial court held that personal emails generated by and stored on a public school’s email system were public records subject to...
Court Denies Request for Adverse Inference Absent Demonstration that Lost Emails were Favorable to Plaintiff
Scalera v. Electrograph Sys., Inc., 2009 WL 3126637 (E.D.N.Y. Sept. 29, 2009) Despite finding that “Defendants have unquestionably breached a duty to preserve emails in this case,” the court denied plaintiff’s motion for an adverse inference instruction where “Plaintiff...
After previously vetoing a prior version of the bill for budgetary reasons, Governor Schwarzenegger signed California’s Electronic Discovery Act last night, to be effective immediately. Closely tracking the 2006 amendments to the Federal Rules of Civil Procedure, the act institutes...
Communications with Attorney Using Company Computer and Email Account Not Protected by Attorney-Client Privilege
Alamar Ranch, LLC v. City of Boise, 2009 WL 3669741 (D. Idaho Nov. 2, 2009) In this case arising from a land use and permitting dispute, the court ruled that emails sent by a non-party to her attorney using her work computer and work-assigned email address were not protected by the attorney-client...
Granting Motion to Compel, Court Orders Appointment of Independent Expert "to Retrieve any Deleted Responsive Files from Defendants' Computers"
Bank of Mongolia v. M & P Global Fin. Servs., Inc., 2009 WL 1117312 (S.D. Fla. Apr. 24, 2009) In this case arising from allegations that defendants conspired to defraud plaintiff of $23 million, defendants failed to properly and timely respond to plaintiff’s requests for production of...
Da Silva Moore v. Publicis Groupe SA, No. 11 Civ. 1279 (ALC) (AJP) (S.D.N.Y.) As expected, on March 19, 2012, plaintiffs in this case filed their Reply in Support of Rule 72(a) Objection to Magistrate Judge Peck’s February 8, 2012 Discovery Rulings. In it, plaintiffs summarize their...
Third Circuit Addresses Taxable Costs: Vacates Award of the District Court, Remands with Instructions to Re-Tax Costs in Accordance with Opinion
Race Tires Amer., Inc. v. Hoosier Racing Tire, Corp., --- F.3d ---, 2012 WL 887593 (3d Cir. Mar. 16, 2012) On appeal, the Third Circuit vacated the District Court’s approval of taxable costs related to electronic discovery and remanded with instruction to re-tax in accordance with this...
District Court Judge to Have Last Word on Computer-Assisted Review, Grants Plaintiffs' Motion to Allow Additional Briefing
Da Silva Moore v. Publicis Groupe SA, No. 11 Civ. 1279 (ALC) (AJP) (S.D.N.Y.) On March 13, 2012, approximately 2 ½ weeks after Magistrate Judge Andrew Peck issued his much-talked about opinion approving “computer-assisted review,” District Court Judge Andrew L. Carter,...
Signed by Chief District Judge Leonard Davis on February 27, 2012, amendments to the Local Rules in the Eastern District of Texas include a [Model] Order Regarding E-Discovery in Patent Cases similar to an order adopted by the Federal Circuit late last year. The new [Model] Order is different...
In re Delta/AirTran Baggage Fee Antitrust Litig., ---F. Supp. 2d---, 2012 WL 360509 (N.D. Ga. Feb. 3, 2012) After repeated representations that all responsive documents had been produced, a defendant belatedly discovered and produced an additional 60,000 pages. Upon plaintiffs' motion...