Case Summaries – Page 338 – Electronic Discovery Law

J.B. Hunt Transp., Inc. v. Adams, 2007 WL 789042 (E.D. Mich. Mar. 14, 2007)

Dec 01 2007

Key Insight: Court overruled plaintiff?s objection to Rule 30(b)(6) notice of deposition seeking testimony of person most knowledgeable about plaintiff?s computers/mainframe, which also requested that the deponent bring the mainframe or the ability to access the mainframe with him/her at the time of the deposition; court found that the information was relevant and discoverable, subject to the noticing party?s concession to take the deposition at the place of the mainframe

Nature of Case: Insurance coverage

Electronic Data Involved: Mainframe computer

Silipos, Inc. v. Bickel, 2007 WL 1180571 (S.D.N.Y. Apr. 13, 2007)

Dec 01 2007

Key Insight: Court directed plaintiff to identify ?the lowest-paid employee of the data forensics company who is (a) knowledgeable about the process by which the data was extracted from defendant?s computer, and (b) able to give a deposition? by court?s deadline; court further ruled that defendant would be permitted to depose that employee for up to four hours, provided that defendant must pay for employee’s time at same hourly rate that had been billed to plaintiff; court encouraged counsel to take the deposition by telephone

Nature of Case: Misappropriation, breach of loyalty

Electronic Data Involved: Deleted documents recovered from defendant’s computer

Armamburu v. Healthcare Fin. Servs., Inc., 2007 WL 2020181 (E.D.N.Y. July 6, 2007)

Dec 01 2007

Key Insight: Where defendant asserted that certain data was ?dumped? from its computer system on an ?automatic and periodic basis,? but failed to provide a date or time period when such data was deleted or state whether a diligent effort was made to obtain such information in either electronic or paper format, court found that further discovery was necessary before it could determine whether spoliation sanctions were appropriate and ordered defendant to provide information on when alleged ?data dump? occurred, what information was deleted, and whether backup tapes and/or paper records exist that may provide requested information

Nature of Case: Putative class action

Electronic Data Involved: Information pertaining to the number of prospective class members, including their names and addresses

Bishop v. Toys ?R? US-NY, LLC, 2007 WL 2042913 (S.D.N.Y. July 13, 2007)

Dec 01 2007

Key Insight: Overruling plaintiff’s objection that magistrate judge’s sanctions order did not go far enough and should have required defendant to retain a computer forensic expert to examine surveillance equipment to determine whether deleted images were recoverable, court found that order was neither clearly erroneous nor contrary to law since defendant had produced affidavit of individual who personally installed and serviced the surveillance system who stated that he inspected the surveillance data system and determined that the images were not recoverable

Nature of Case: Customer asserted federal civil rights claims arising from his detention by store security guards

Electronic Data Involved: Surveillance video

Clearone Communications, Inc. v. Chiang, 2007 WL 3275300 (D. Utah Nov. 5, 2007)

Dec 01 2007

Key Insight: Where object of two prior orders granting plaintiff’s motion for sanctions and to compel immediate backup and imaging of certain defendants’ computers was preservation of evidence, court denied plaintiff’s later motion for order adopting 170-word search protocol that was separate and apart from any particular discovery request, since prior orders did not “contemplate that ClearOne have carte blanche access to the electronic data filtered only by keyword searching and privilege objections”

Nature of Case: Misappropriation of trade secrets, breach of contract, conversion

Electronic Data Involved: Mirror images of hard drives

MGP Ingredients, Inc. v. Mars, Inc., 2007 WL 3010343 (D. Kan. Oct. 15, 2007)

Dec 01 2007

Key Insight: Where parties had no prior agreement about the manner in which documents and ESI were to be produced and plaintiff did not specify format in requests for production, court found that defendants had the right under Rule 34 to choose the option of producing their documents and ESI as kept in the usual course of business and declined to order defendants to identify by Bates Numbers the documents and ESI that were responsive to each particular request for production

Nature of Case: Patent infringement, misappropriation of trade secrets, tortious interference, and breach of contract

Electronic Data Involved: Documents and ESI

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

Catagory:Case Summaries