Key Insight: Grand jury subpoena demanding production of all computer hard drives and disks of specified individuals (as opposed to specified categories of information) quashed because it was unreasonably broad
Nature of Case: Grand jury proceedings
Electronic Data Involved: Computer hard drives and floppy diskettes
Key Insight: DA’s application to compel witnesses to answer questions granted: attorney/client privilege did not preclude attorneys representing individuals connected to events surrounding homicide from answering questions about laptop that was instrumentality of crime
Nature of Case: Grand jury proceedings investigating homicide
Electronic Data Involved: Laptop
Key Insight: Order granting ex parte TRO before complaint was filed, and which prohibited defendants from destroying or altering electronic documents pertaining to complaint, was abuse of discretion
Nature of Case: Misappropriation of trade secrets
Electronic Data Involved: Electronic documents
Key Insight: Motion for reconsideration of order granting of summary judgment properly denied where party failed to show that email from repaired server that was produced the day before summary judgment hearing qualified as “newly discovered evidence”
Nature of Case: Action to enforce advertising agreements
Electronic Data Involved: Email
Key Insight: Where evidence showed there was no feasible and economic electronic means by which certain data could be produced, court ruled that, to the extent defendants intended to introduce evidence related to such data at trial, defendants would be required to produce all such evidence, documentary, electronic or otherwise, upon which they intend to rely
Nature of Case: Class action
Electronic Data Involved: Information regarding damages, offsets and class member eligibility
Key Insight: Magistrate’s order granting plaintiff’s motion to compel discovery and awarding attorneys’ fees upheld; employer required to provide available data and also respond by stating the steps taken to obtain non-work related internet sites accessed during the dates requested, including detailed explanation of efforts to obtain information and reasons its efforts were not successful if it was unable to obtain the data to fully respond to interrogatory
Nature of Case: Employment discrimination
Electronic Data Involved: Information re all non-work related internet sites accessed on certain of employer’s computers during relevant period
Key Insight: Trial court abused its discretion in ordering parties to share costs of requested discovery equally, and should have ordered the requesting party to bear full cost where requested information should have been available in the requesting party?s own records, and the request involved the creation of a report that otherwise did not exist, and had to be specially created by a nonparty contractor at significant cost
Nature of Case: Suit to recover fees improperly assessed pursuant to Motor Vehicle Emission Inspection and Maintenance Act
Electronic Data Involved: Special report extracted from massive database of information
Key Insight: Defendants ordered to provide an affidavit explaining steps taken to search paper and electronic files for responsive documents and feasibility and cost of retrieving certain emails. Plaintiff would then have option of consenting to protocol set forth in Rowe Entertainment as modified by Murphy Oil, or arguing for different protocol by conferring with defendant and submitting a joint letter outlining parties’ respective positions on the issue
Nature of Case: Gender discrimination
Electronic Data Involved: Email and electronic files
Key Insight: Forwarding or copying email or other documents that are prepared by non-lawyers for business purposes to a lawyer does not transform such email or documents into work product
Nature of Case: Patent infringement
Electronic Data Involved: Email
Key Insight: Magistrate found good cause to grant motion to compel where deponent identified source code in deposition which had not been produced; court ordered defendant to produce sworn declaration setting forth the specific efforts it made to locate responsive documents and either a certification that all documents have been produced, or an explanation of why the documents have not yet been produced
Nature of Case: Patent infringement
Electronic Data Involved: Source code
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