Case Summaries – Page 329 – Electronic Discovery Law

CSI Inv. Partners, II v. Cendant Corp., 507 F. Supp. 2d 384 (S.D.N.Y. 2007)

Dec 01 2007

Key Insight: Where defendant lost highly relevant financial and marketing data during data conversion but did not reveal the fact of the lost evidence until 3-1/2 years after plaintiffs originally requested it, and defendant raised frivolous and vexatious objections to plaintiffs’ requests for production, court found bad faith and ordered defendant to pay $720,000 to plaintiffs, representing 15 percent of plaintiffs? attorneys fees, as sanction for discovery misconduct

Nature of Case: Breach of contract

Electronic Data Involved: Financial and marketing data

Network Sys. Architects Corp. v. Dimitruk, 2007 WL 4442349 (Mass. Super. Ct. Dec. 6, 2007)

Dec 01 2007

Key Insight: Where former employee admitted using file shredder program on his NSA-issued laptop before returning it, and evidence showed use of file shredder program on competitor-issued laptop computer, court found defendants? conduct was ?egregious? and amounted to spoliation but denied plaintiff?s request for entry of default judgment; court instead ordered production of computer hard drive for further examination, dismissed defendants? counterclaims, and ordered defendants to pay attorneys? fees and expenses incurred as a result of defendants? misconduct

Nature of Case: Seller of computer hardware and software sued former employee and competitor for misappropriation of trade secrets, unfair competition and related claims

Electronic Data Involved: Laptop computers

Guy Chem. Co., Inc. v. Romaco AG, 243 F.R.D. 310 (N.D. Ind. 2007)

Dec 01 2007

Key Insight: Where non-party used outside computer firm to handle its electronic data and estimated that cost to comply with subpoena would be $7,200, court found that data was “not reasonably accessible because of undue burden or cost” but ordered production in light of good cause shown, with cost of production to be paid by party who issued subpoena

Nature of Case: Breach of contract

Electronic Data Involved: Routine business documents stored electronically

Hudson Global Res. Holdings, Inc. v. Hill, 2007 WL 1545678 (W.D. Pa. May 25, 2007)

Dec 01 2007

Key Insight: Granting in part and denying in part plaintiff’s motion for TRO/preliminary injunction, court also ordered counsel to confer and suggest within ten days an agreeable method by which plaintiff, through its computer forensics expert or otherwise, may access and permanently delete or retrieve its information from defendant’s portable external hard drive and personal computer which were in court’s custody

Nature of Case: Plaintiff alleged claims of fraud, breach of fiduciary duty, misappropriation of trade secrets and unfair competition against former employee

Electronic Data Involved: Business data; laptop and portable hard drive

Albertson v. Albertson, 73 Va. Cir. 94, 2007 WL 6013036 (Va. Cir. Ct. 2007)

Dec 01 2007

Key Insight: Where issuance of a court order granting defendant the authority to access plaintiff?s password protected files already in defendant?s possession did not require plaintiff to perform a testimonial act, court held plaintiff?s assertion of Fifth amendment right did not bar court from granting defendant?s motion

Nature of Case: Divorce

Electronic Data Involved: Password protected computer files

ISO Claims Servs., Inc., ACI Div. v. Appraisal.com, Inc., 2007 WL 809684 (M.D. Fla. Mar. 15, 2007)

Dec 01 2007

Key Insight: Where plaintiff argued that it was willing to produce documents that were the subject of defendant’s motion to compel, but had been waiting for a response from defense counsel as to how to best produce electronic documents (which formed the bulk of the production), court set date for production and expressed hope that “the parties will be able to work out how best to produce documents contained in electronic format on their own”

Electronic Data Involved: Electronic data

Polycom, Inc. v. Codian Ltd., 2007 WL 194588 (E.D. Tex. Jan. 22, 2007)

Dec 01 2007

Key Insight: Court denied motion to compel production of defendants’ source code in native format to be maintained in confidence at Los Angeles office of plaintiffs’ counsel in light of security concerns and technical support issues raised by defendants, and since defendants had already produced an electronic version of the source code and plaintiffs’ consultants had been inspecting the code for several months at defense counsel’s Palo Alto office; court rejected plaintiff’s argument that current system intruded on plaintiff’s work product

Nature of Case: Patent infringement

Electronic Data Involved: Source code

Claredi Corp. v. Seebeyond Tech. Corp., 2007 WL 735018 (E.D. Mo. Mar. 8, 2007)

Dec 01 2007

Key Insight: Where plaintiff showed that defendant failed to produce hundreds of responsive emails which plaintiff ultimately obtained through third-party discovery, court found defendant’s discovery conduct to be dilatory and inadequate and imposed sanction of $54,000 for plaintiff’s attorneys’ fees, and another $20,000 payable to the court as sanction for unnecessarily prolonging and increasing the expense of the litigation

Nature of Case: Breach of contract

Electronic Data Involved: Email and other electronic documents

United States ex rel. Miller v. Holzmann, 2007 WL 781941 (D.D.C. Mar. 12, 2007)

Dec 01 2007

Key Insight: District court judge adopted magistrate judge’s January 17, 2007 report and recommendation, overruling objections of the parties

Nature of Case: FOIA action

Electronic Data Involved: Hard copy file

Palgut v. City Of Colo. Springs, 2007 WL 1238730 (D. Colo. Apr. 27, 2007)

Dec 01 2007

Key Insight: Finding that defendant’s failure to identify certain backup tapes in its initial disclosures was inadvertent and was not intentional, willful, or wanton, court ruled that defendant need not produce such backup tapes because production would be unduly burdensome and not reasonably calculated to lead to relevant information; court further found that inadvertent disclosures of protected work product by each of the parties did not effect waiver and prohibited defendant from using or referring to any ?embedded data? contained in plaintiff?s discovery requests and responses

Nature of Case: Employment discrimination

Electronic Data Involved: Backup tapes and embedded data

Catagory:Case Summaries