Malletier v. Dooney & Burke, Inc., 2006 WL 2109472 (S.D.N.Y. July 20, 2006)

Key Insight: Where plaintiff sought a fuller production of email communications from the servers of a wide variety of DB personnel, and DB represented that it searched all pertinent email files and had no other responsive emails, court ruled: “Under these circumstances, the only avenue open to [plaintiff] on this matter is to pursue the question of the scope of e-mail use and retention through depositions.”

Nature of Case: Trademark infringement

Electronic Data Involved: Email