Archive - December 2004

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Wiginton v. CB Richard Ellis, Inc., 229 F.R.D. 568 (N.D. Ill. 2004)
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Weaver v. Zenimax Media, Inc., 2004 WL 2755852 (Md. Cir. Ct. Sept. 3, 2004)
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Ex Parte Wal-Mart, Inc., 809 So.2d 818 (Ala. 2001)
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Vitalo v. Cabot Corp., 212 F.R.D. 472 (E.D. Pa. 2002)
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In re Verisign, Inc. Sec. Litig., 2004 WL 2445243 (N.D. Cal. Mar. 10, 2004)
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US Greenfiber v. Brooks, 2002 WL 31834009 (W.D. La. Oct. 25, 2002)
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United States v. Visa USA, Inc., 1999 WL 476437 (S.D.N.Y. Jul. 7, 1999)
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United States v. Sungard Data Sys., 173 F. Supp. 2d 20 (D.D.C. 2001)
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United States v. Stewart, 294 F. Supp. 2d 490 (S.D.N.Y. 2003)
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United States v. Stewart, 287 F. Supp. 2d 461 (S.D.N.Y. 2003)

Wiginton v. CB Richard Ellis, Inc., 229 F.R.D. 568 (N.D. Ill. 2004)

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

Weaver v. Zenimax Media, Inc., 2004 WL 2755852 (Md. Cir. Ct. Sept. 3, 2004)

Key Insight: Exercising its inherent authority to safeguard the integrity of its judicial process, court granted defendants’ motion for sanctions and dismissed the complaint due to plaintiff’s discovery abuses and “civil vigilantism” which began during the course of his employment and prior to filing suit

Nature of Case: Wrongful discharge

Electronic Data Involved: Illicit incursions into the offices, computers, and email accounts of executives of defendant

Vitalo v. Cabot Corp., 212 F.R.D. 472 (E.D. Pa. 2002)

Key Insight: Plaintiffs required to produce air modeling information and draft reports prepared by colleague of expert witnesses, which were considered by experts in forming their opinions

Nature of Case: Personal injury arising from emissions from beryllium plant

Electronic Data Involved: Air modeling information and draft reports sent via email

US Greenfiber v. Brooks, 2002 WL 31834009 (W.D. La. Oct. 25, 2002)

Key Insight: Preliminary injunction prohibiting former employee from using or disclosing any of employer’s business information and directing her to return employer’s property, equipment, documents and business and quality control records (including computer records)

Nature of Case: Employer sued former employee for breach of fiduciary duty and related torts

Electronic Data Involved: Emails and computer records

United States v. Visa USA, Inc., 1999 WL 476437 (S.D.N.Y. Jul. 7, 1999)

Key Insight: Parties agreed to narrow the scope of archived email search, both in terms of the number of employees whose email was to be produced and the number of days per month for which that email was to be produced; defendants to bear cost of production ($130,000) initially, but court reserved decision about who ultimately would bear cost; court denied plaintiff’s request that defendant make its production available on CD-ROM

Nature of Case: Antitrust

Electronic Data Involved: Archived email

United States v. Sungard Data Sys., 173 F. Supp. 2d 20 (D.D.C. 2001)

Key Insight: Motion to preclude in-house counsel from having access to confidential information produced by competitors denied; court established detailed protective order for handling of confidential information

Nature of Case: Antitrust

Electronic Data Involved: Electronic documents

United States v. Stewart, 294 F. Supp. 2d 490 (S.D.N.Y. 2003)

Key Insight: Court denied Stewart’s motion to disqualify the attorney who inadvertently read Stewart’s email from cross-examining her or participating in the preparation of her cross-examination

Nature of Case: Criminal proceedings re Stewart’s sale of ImClone stock

Electronic Data Involved: Email

United States v. Stewart, 287 F. Supp. 2d 461 (S.D.N.Y. 2003)

Key Insight: Court ruled that, although Martha Stewart waived the attorney client privilege when she forwarded to her daughter a privileged email containing her account of the facts surrounding her sale of the stock, she did not waive work product protection

Nature of Case: Criminal proceedings re Stewart’s sale of ImClone stock

Electronic Data Involved: Email

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