March 2006 – Electronic Discovery Law

Finding Terminating Sanctions Against Defendant “A Close Call,” Court Imposes Negative Inferences for Bad Faith Spoliation of Damaging Email, Awards Attorneys’ Fees and Costs, and Issues Stern Warning

Mar 31 2006

Adams v. Gateway, Inc., No. 2:02-CV-106 TS (D. Utah Mar. 6, 2006) (memorandum decision and order on de novo review of magistrate judge’s reports and recommendations and imposing sanctions)

In this patent case, the U.S. District Court judge adopted two (sealed) Reports and Recommendations prepared by the magistrate judge which found that the defendant had spoliated and failed to disclose evidence, and recommended the imposition of sanctions. Issued under seal on March 6, 2006, the court’s decision adopting the magistrate’s recommendations was unsealed on March 22, 2006. Read More

During Initial Case Management Conferences, Magistrate Orders Mirror Imaging of All of Defendants’ Computers and Peripheral Equipment at Plaintiffs’ Expense, and Orders Parties to Meet and Confer on Appropriate Search Protocol

Mar 29 2006

Balboa Threadworks, Inc. v. Stucky, 2006 WL 763668 (D. Kan. Mar. 24, 2006)

Plaintiffs sued under the Copyright Act and the Lanham Act, claiming that defendants wrongfully copied digital embroidery designs and then sold the designs to at least one third party. Defendants filed a counterclaim and third party complaint alleging fraud and civil conspiracy. Read More

Court Orders Non-Party to Produce Documents Derived From DOJ Document Database Using Particular Search Terms, and to Produce Entire Electronic Document Database from FTC Investigation

Mar 27 2006

Tessera, Inc. v. Micron Tech., Inc., 2006 WL 733498 (N.D. Cal. Mar. 22, 2006)

The plaintiff in this case licenses its semiconductor packaging technology directly to semiconductor manufacturers; typically, licensing agreements require the semiconductor manufacturers to pay plaintiff royalties on the volume of synchcronous RDRAM chips sold which uses its semiconductor packaging technology. Plaintiff’s complaint alleged patent infringement, antitrust violations and various state law claims against various semiconductor manufacturers. Plaintiff alleged that defendants unlawfully colluded with others to boycott the synchronous RDRAM chip to reduce demand for them and artificially inflate the price of pre-existing and inferior DRAM chips for their own financial gain. Plaintiff alleged that defendants’ actions deprived the company of significant royalties. Read More

Halter To Present “Beyond the Federal Rules” At Upcoming DRI CLE

Mar 23 2006

Preston Gates partner Julie Anne Halter is scheduled to present at A Guide to Understanding the New Federal Rules, a CLE seminar hosted by the Defense Research Institute (DRI) on May 18-19, 2006, in Philadelphia. Her section of the program, titled “Beyond the Federal Rules,” will cover important electronic discovery issues not covered by the new rules and what companies can do about them.

Magistrate Finds No Further Response Necessary to Plaintiff’s Request for Production of Financial Database, and Denies as Premature Plaintiff’s Request for Direct Access to Database

Mar 21 2006

Bob Barker Co. v. Ferguson Safety Prods., Inc., 2006 WL 648674 (N.D. Cal. Mar. 9, 2006)

In this action for Lanham Act violations and related claims, the plaintiff moved to compel defendants to produce further documents in response to requests seeking various financial information. The defendants contended that the requests were overbroad and that, as a small business operation, they did not maintain many of the kinds of records sought. Read More

Second Circuit Reverses Frank Quattrone Conviction for Obstruction of Justice and Witness Tampering

Mar 20 2006

In 2000, Credit Suisse First Boston Corporation (“CSFB”) employed Frank Quattrone as head of its Global Technology Group (the “Tech Group”). In that capacity, Quattrone managed approximately 400 technology investment bankers from the firm’s Palo Alto, California office. The Tech Group was responsible for CSFB’s investment-banking activity related to technology companies, including underwriting services. The Tech Group provided services to two types of customers – tech company issuer-clients undertaking offerings of equity-based securities and individual customers who traded securities as clients of the Tech Group’s Personal Client Services subgroup. Read More

Magistrate Sustains Plaintiff’s Objections to TIFF Imaged Documents and Orders Production in Native Format

Mar 20 2006

Hagenbuch v. 3B6 Sistemi Elettronici Industriali S.R.L., 2006 WL 665005 (N.D. Ill. Mar. 8, 2006)

In this patent infringement case, the defendant required plaintiff to come to its Rockford, Illinois offices in order to inspect defendant’s documents and things and to designate those documents and things that plaintiff deemed responsive to his request for production. Plaintiff inspected defendant’s Rockford, Illinois office and designated numerous documents and electronic media consisting of compact discs, floppy discs, and/or DVDs, for copying by the copying service arranged for by defendant. Initially, defendant refused to permit copying of the designated electronic media, offering instead to print out and deliver to plaintiff hard copies of all of the documents contained on the designated discs and DVDs. Plaintiff refused this offer and insisted on receiving identical, electronic copies of the electronic media. Ultimately, defendant decided (against the protests of plaintiff) to convert all of the information on the original electronic media into Tagged Image File Format (“TIFF”) documents that were then downloaded onto compact discs and delivered to plaintiff. According to plaintiff, the compact discs produced by the defendant contained approximately 15,000 TIFF documents. Read More

Middle District of Pennsylvania Enacts New Local Rule Addressing Electronic Discovery, Effective December 1, 2005

Mar 17 2006

The new Local Rule 26.1 creates a duty on the part of counsel to “inquire into the computerized information-management systems used by their clients so that they are knowledgeable about the operation of those systems, including how information is stored and how it can be retrieved.” The new rule also requires counsel to “inform their clients of the need to preserve information stored in computerized information-management systems so that information relevant to the claims or defenses in the case is not in any way destroyed.” In addition, the new rule sets out a number of e-discovery topics the parties must discuss in their Local Rule 16.3(a) conference of attorneys. Click “Continue Reading” below for the the full text of the new rule. Read More

Magistrate Orders Production of Tabulation Containing Mathematical Information Regarding Payroll and Timekeeping Data Despite Work Product Claim

Mar 16 2006

Ayers v. SGS Control Servs., 2006 WL 618786 (S.D.N.Y. Mar. 9, 2006)

Plaintiffs sued under the Fair Labor Standards Act (“FLSA”), alleging that defendants, through their payroll practices, failed to compensate their employees for overtime work. Plaintiffs requested that defendants be ordered to produce a tabulation containing mathematical information regarding payroll and timekeeping data. Defendants claimed that the tabulation was protected by the work product privilege. Read More

National Archives and Records Administration Revises Regulations Regarding Management and Disposition of Very Short-Term Temporary Email

Mar 07 2006

The National Archives and Records Administration (“NARA”) announced that it will be revising regulations to provide for appropriate management and disposition of very short-term email by allowing management of such records within the email system. Disposition of Electronic Mail Records with Short Retention Periods, Final Rule, 71 Fed. Reg. 8806-8808 (Feb. 21, 2006) (to be codified at 36 C.F.R. pt. 1234). The effective date for changes is March 23, 2006. Read More

Archive - March 2006