Case Summaries – Page 302 – Electronic Discovery Law

Mon River Towing, Inc. v. Indus. Terminal & Salvage Co., 2008 WL 2412946 (W.D. Pa. June 10, 2008)

Dec 01 2008

Key Insight: Nothing that in its estimation, “‘a print-out of computer data’ is significantly different than the report requested here by Defendant or any ‘analyses’ of documents,” court ruled that Rule 34 does not require responding party to create or generate responsive materials in specific form requested by the moving party; however, to extent that party merely requested computer print-out of information at issue, such print-outs fell within bounds of Rule 34 and should be produced

Nature of Case: Negligence, lost profits and indemnification

Electronic Data Involved: Computer printouts

Nucor Corp. v. Bell, 2008 WL 4442571 (D.S.C. Jan. 11, 2008)

Dec 01 2008

Key Insight: Where parties submitted competing expert testimony in support of and in opposition to plaintiff’s motion for spoliation sanctions, court also considered and ruled upon parties’ cross-motions to exclude their opponent’s computer forensics expert under FRE 702 and Daubert v. Merrell Dow Pharma., Inc., 509 U.S. 579 (1993)

Nature of Case: Misappropriation of trade secrets and computer fraud and abuse

Electronic Data Involved: Laptop and USB flash-drive device

U.S. ex rel. Her v. Regions Fin. Corp., 2008 WL 4493237 (W.D. Ark. Oct. 3, 2008)

Dec 01 2008

Key Insight: Where computer search identified 7845 potentially responsive files but defendant argued production would be unduly burdensome and where plaintiffs acknowledged that a 10% sampling would be sufficient, court ordered submission of computer printout of all potentially relevant files to the court and used online program to randomly select sampling for production; court granted plaintiffs? discovery requests for additional data related to loans only as they pertained to 10% sampling

Nature of Case: Violation of Federal False Claims Act

Electronic Data Involved: 7845 computer files

Mintel Int?l Group, Ltd. v. Neerghen, 2008 WL 4936745 (N.D. Ill. Nov. 17, 2008)

Dec 01 2008

Key Insight: Court declined to compel compliance with subpoena seeking forensic image of third-party competitor?s computer where third party asserted it had no relevant documents on its computers, where an expert?s search confirmed that assertion and where plaintiff failed to establish third party?s possession of documents sought; regarding plaintiff?s claim that defendant?s search was incomplete where it did not include titles or phrases from documents not included in the complaint, court ordered meet and confer regarding supplemental search terms and for third party to allow forensic expert to conduct search

Nature of Case: Violation of Trade Secrets Act, Computer Fraud Abuse Act and terms of employment contract

Electronic Data Involved: ESI, hard drive

SD Protection, Inc. v. Del Rio, 587 F. Supp. 2d 429 (S.D.N.Y. 2008)

Dec 01 2008

Key Insight: Where, despite repeated court orders directing production, plaintiff failed to produce an un-redacted email upon which the case turned and claimed the email inaccessible because the computer on which it was stored had been destroyed and where plaintiff failed to pay court ordered sanctions for its failure to produce, court lifted earlier stay of dismissal and ordered plaintiff to pay additional $5000 sanction plus defendant?s attorneys fees and costs

Nature of Case: Breach of contract

Electronic Data Involved: Email

Arista Records LLC v. Does 1-14, 2008 WL 5350246 (W.D. Va. Dec. 22, 2008)

Dec 01 2008

Key Insight: Where a university responded to a subpoena seeking ?all documents and electronically-stored information relating to the assignment of the IP addresses? of unidentified, suspected copyright infringers by producing file logs identifying the dorm rooms associated with the IP addresses at issue and the MAC addresses of the devices used to access the internet, but where it could not provide the names to which the addresses were assigned because the rooms were shared, court denied motion to compel based on specific language of subpoena but permitted service of a third subpoena specifically seeking names of the residents of each room at issue

Nature of Case: Copyright infringement

Electronic Data Involved: Names of ISP subscribers

U.S. v. Simels, 2008 WL 5383138 (E.D.N.Y. Dec. 18, 2008)

Dec 01 2008

Key Insight: Where attorneys for lay criminal defendant were indicted for conspiracy and privileged materials were seized, parties established procedure for identification of privilege by allowing ?privilege team? of government lawyers segregated from prosecution team to review seized materials, concurrent with defense teams, and for the teams to reach agreement regarding each documents privilege status; where lay criminal defendant refused to waive attorney client privilege such that attorney defendants could use privileged materials at trial, court ruled disclosure to attorney defendants? counsel would not waive lay defendant?s privilege but declined to rule on the use of those materials at trial where such consideration was ?premature?

Nature of Case: Narcotic trafficking, conspiracy

Electronic Data Involved: Privileged ESI

Armor Screen Corp. v. Storm Catcher, Inc., 2008 WL 5262707 (S.D. Fla. Dec. 17, 2008)

Dec 01 2008

Key Insight: Where plaintiff produced materials relied on by its expert on DVD in .sav format but defendants alleged it was inaccessible, court held that .sav format was a ?reasonably accessible format? and declined to compel re-production; court?s reasoning included consideration that .sav was format in which expert originally considered the information and evidence that .sav files could be opened by standard ?statistical computer packages?

Electronic Data Involved: ESI, “.sav” data

Ridge Chrysler Jeep, LLC v. DaimlerChrysler Fin. Servs. Americas LLC, 516 F.3d 623 (7th Cir. 2008)

Dec 01 2008

Key Insight: Seventh Circuit upheld trial court’s dismissal of plaintiffs’ claims as sanction for flagrant discovery misconduct

Nature of Case: Dealerships sued for breach of contract and other claims

Electronic Data Involved: Financial data

Grange Mut. Cas. Co. v. Mack, 2008 WL 744723 (6th Cir. Mar. 17, 2008)

Dec 01 2008

Key Insight: Sixth Circuit affirmed district court’s entry of default judgment and subsequent default award of $3,430,983.69 damages plus costs and attorneys’ fees as sanction for defendant’s egregious discovery abuse; among other things, defendant failed to comply with Parties? Agreed Order regarding electronic discovery, replaced company computers despite pending litigation, refused to produce home computer even though he admitted it had been used for business purposes, refused to produce key player?s computer, and failed to turn over all electronic evidence

Nature of Case: Fraud and RICO claims

Electronic Data Involved: Hard drives, email

Catagory:Case Summaries