February 20, 2009 – Electronic Discovery Law

Key Lawmaker Moves to Protect Privilege and Work-Product Doctrine

Feb 20 2009

The National Law Journal, Feb. 20, 2009
By Marcia Coyle

Despite reassuring statements by Attorney General Eric Holder on the issue of attorney-client privilege waivers in corporate investigations, a key senator is moving forward with legislation to put protection for the privilege and the work-product doctrine into law and throughout government.

Sen. Arlen Specter, R-Pa., the ranking minority member of the Senate Judiciary Committee, has reintroduced, with bipartisan support, the Attorney-Client Protection Act of 2009, S. 445.

Court Dismisses Plaintiffs’ Claims as Sanction for Discarding Laptop, Orders Adverse Inference Instruction as to Defendants’ Cross-Claims

Feb 20 2009

Kvitka v. Puffin Co., LLC, 2009 WL 385582 (M.D. Pa. Feb. 13, 2009)

Finding plaintiff intentionally discarded her laptop despite a duty to preserve it, the court ordered dismissal of her claims and an adverse inference instruction as to defendants’ cross-claims.

After years of advertising in defendants’ magazine, plaintiff Kvitka, an antique doll dealer, received notice that defendants were terminating her right to advertise because of complaints about her business practices, including that she disparaged other advertisers and dealers. In the parties’ subsequent discussions, defendants revealed their possession of a file containing several complaints about Kvitka as well as 15 pages of emails, written by her, in which she disparaged other advertisers.

Unable to resolve the conflict out of court, Kvitka filed suit. In the course of discovery, it was revealed that despite Kvitka’s counsel’s receipt of correspondence from defendants specifically requesting preservation of Kvitka’s computer and emails, Kvitka had nonetheless discarded her laptop.

Bill proposes ISPs, Wi-Fi keep logs for police

Feb 20 2009

CNET News, Feb. 19, 2009
By Declan McCullagh, Chief Political Correspondent

Republican politicians on Thursday called for a sweeping new federal law that would require all Internet providers and operators of millions of Wi-Fi access points, even hotels, local coffee shops, and home users, to keep records about users for two years to aid police investigations.

The legislation, which echoes a measure proposed by one of their Democratic colleagues three years ago, would impose unprecedented data retention requirements on a broad swath of Internet access providers and is certain to draw fire from businesses and privacy advocates.

Archive - February 20, 2009