July 8, 2011 – Electronic Discovery Law

Court Rejects Refusal to Issue Litigation Hold Before 26(f) Conference, Orders Litigation Hold on All Evidence Reasonably Related to Pending Litigation

Jul 08 2011

Haraburda v. Arcelor Mittal USA, Inc., No. 2:11 cv 93, 2011 WL 2600756 (N.D. Ind. June 28, 2011)

In this case, plaintiff came to believe, based on defendant’s comments and refusal to issue a litigation hold, that relevant evidence would be destroyed. Accordingly, plaintiff moved for an Order to Preserve Evidence. Following consideration of the relevant factors and upon rejecting defendant’s arguments that plaintiff’s motion was improper prior to the parties’ Rule 26(f) conference, the court granted the motion and ordered defendant to implement a litigation hold on information that may reasonably be related to the pending litigation.

Upcoming Events – July 2011

Jul 08 2011

6th Annual Solo and Small Firm Conference (Sponsored by the Washington State Bar Association)

July 14-16, 2011
Ocean Shores Convention Center
Ocean Shores, WA

K&L Gates Staff Lawyer Beau Holt will present on the topic of “Ethics and Electronic Communication (Other than Social Media)” at 9:15 AM on Friday, July 15th. Topics to be addressed include ethical duties and technology habits; the web, the cloud, and metadata; and e-discovery and privilege in litigation.

To learn more, click here.

e-Discovery Case Law Update – Summer 2011 (presented by FIOS)

July 14, 2011
1-2 PM ET
Webcast

K&L Gates Partner Martha Dawson will participate in this quarterly case law update exploring recent decisions related to electronic discovery. Specifically, Martha will address the recent Rambus decisions issued by the Federal Circuit Court (summarized here) and the issue of spoliation sanctions. Other cases to be discussed during this presentation include Clean Harbors Envt. Servs. v. ESIS, Inc., (N.D. Ill. May 17, 2011), a case addressing recovery of e-discovery costs, and Steuben Foods, Inc. v. Country Gourmet Foods, LLC, (W.D.N.Y. Apr. 21, 2011), a case addressing issues surrounding the issuance of legal holds.

To learn more or to register, click here.

Archive - July 8, 2011