January 10, 2007 – Electronic Discovery Law

Court Defers Ruling on Spoliation Sanctions Until After Voluntary Forensic Examination of Defendants’ Computers Is Complete

Jan 10 2007

Anadarko Petroleum Corp. v. Davis, Slip Copy, 2006 WL 3837518 (S.D. Tex. Dec. 28, 2006)

The facts underlying the lawsuit are as follows. In June 2006, Davis, a long-time employee of plaintiff Anadarko Petroleum Corporation, resigned to join GeoSouthern Energy Corporation. It was undisputed that just before leaving Anadarko in July 2006, Davis downloaded confidential or proprietary information from Anadarko’s computers. When he joined GeoSouthern, Davis transferred that information to GeoSouthern’s computers. Anadarko sued Davis and GeoSouthern in September 2006. Davis admitted that he misappropriated confidential or proprietary information, but denied any significant use of it and denied any use of it to Anadarko’s detriment. Read More

Municipalities Violated Open Records Law by Providing PDF of Property Assessment Records and Not Allowing Access to Database

Jan 10 2007

WIREdata, Inc. v. Village of Sussex, 729 N.W.2d 757 (Wis. Ct. App. 2007)

In this open records case, WIREdata, Inc. had filed open records requests with three municipalities seeking property assessment records in the format created and maintained by the municipalities’ independent contractor assessors in a computer database. The court held that the open records law allowed WIREdata the opportunity to access that database in order to examine and copy the property assessment records, and that the municipalities committed open records law violations when they denied WIREdata such access and instead provided it with a “PDF,” or portable document file.
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Court Imposes Monetary Sanctions for Tardy Production and Orders Defendant to Reveal Whether Certain Other Documents Still Exist

Jan 10 2007

May v. Pilot Travel Centers LLC, 2006 WL 3827511 (S.D. Ohio Dec. 28, 2006)

In this wrongful termination case, plaintiff moved for sanctions on the grounds that defendant had committed spoliation by failing to preserve relevant evidence that it relied on in defending the case and that would potentially have been favorable to plaintiff. Plaintiff also alleged that defendant violated its duty to supplement or correct various discovery disclosures. The court reviewed the various categories of documents and ESI in dispute, and concluded that sanctions were appropriate even though there was no evidence that any actual “spoliation” had occurred.
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Archive - January 10, 2007