Am. Family Mut. Ins. Co. v. Gustafson, 2009 WL 641297 (D. Colo. Mar. 10, 2009)

Key Insight: Court ordered specific protocol for search of mirror images of defendant?s hard drive allowing defendant to first remove privileged and irrelevant material and create a detailed privilege log and then to produce the redacted drive to plaintiff; upon receipt of redacted drive, plaintiff was ordered to confer with defendant to establish search terms and to use those terms to identify potentially relevant information on the drive; where plaintiffs accessed information later claimed to be privileged, court would resolve dispute and privilege would not be waived

Nature of Case: Violation of Computer Fraud Abuse Act, Colorado Consumer Protection Act, misappropriation of trade secrets, breach of contract, interference with contractual obligations

Electronic Data Involved: ESI, hard drive