Key Insight: Motion for reconsideration of order granting of summary judgment properly denied where party failed to show that email from repaired server that was produced the day before summary judgment hearing qualified as “newly discovered evidence”
Nature of Case: Action to enforce advertising agreements
Electronic Data Involved: Email
Key Insight: Defendant’s failure to preserve integrity of computer (dropping it repeatedly and apparent tampering, including disconnecting internal cables prior to court-ordered inspection) and failure to produce responsive electronic material warranted monetary sanctions
Nature of Case: Misappropriation of trade secrets
Electronic Data Involved: Hard drive, deleted files, electronically stored invoices
Key Insight: Where plaintiff sought “any document which would evidence the true date when [a particular] entry was actually entered into the computer system,” court ruled that if plaintiff wishes to retain a forensic computer expert at her own expense, she may seek an order that defendant permit the expert to inspect the computer system
Nature of Case: Wrongful termination
Electronic Data Involved: Date of particular data entry in computer system
Key Insight: Where defendants avowed that they were aware of their obligations and have taken and are continuing to take all necessary steps to preserve all potentially relevant electronic evidence, court determined there was no “imminent risk” that any deleted data would be overwritten and rendered irretrievable, and denied plaintiffs’ motion for order lifting automatic stay on discovery for purpose of preserving and restoring deleted email
Nature of Case: Securities class action
Electronic Data Involved: Email allegedly deleted by individual defendant and his subordinates
Key Insight: Court allowed limited expedited discovery to enter and obtain mirror images of defendants’ computer equipment containing electronic data relating to alleged hacking attacks on plaintiff’s server; discovery was limited to information related to alleged attacks, and assistance of computer forensic expert was required
Nature of Case: Misappropriation of trade secrets and related torts
Electronic Data Involved: Evidence of computer hacking
Key Insight: Plaintiff wife ordered to stop using the couple’s laptop computer and deposit it with the clerk of court, so that it may be marked as evidence and stored in court’s vault; order extended to all floppy disks, CDs, etc; neither party to be allowed to access the laptop, rather, it may only be accessed by a recognized computer expert under oath testifying from the witness stand in open court
Nature of Case: Divorce proceeding
Electronic Data Involved: Laptop
Key Insight: Appellate court granted writ and quashed trial court’s order granting party’s motion for leave to inspect non-party’s computer system; remanded with directions to trial court to craft a narrowly-tailored order that sets parameters and limitations on the inspection
Nature of Case: Insurance bad faith
Electronic Data Involved: Computer system; records of payments to physicians
Key Insight: Defendant ordered to provide copies of computer tapes containing data previously provided in hard copy form
Nature of Case: Challenge of decision by Dept. of Commerce to deny plaintiff access to computer tapes in trade investigation
Electronic Data Involved: Computer tapes containing costs and sales data
Key Insight: Parties agreed to narrow the scope of archived email search, both in terms of the number of employees whose email was to be produced and the number of days per month for which that email was to be produced; defendants to bear cost of production ($130,000) initially, but court reserved decision about who ultimately would bear cost; court denied plaintiff’s request that defendant make its production available on CD-ROM
Nature of Case: Antitrust
Electronic Data Involved: Archived email
Key Insight: Court denied defendant’s motion to strike the testimony of plaintiff’s computer expert (who recovered “plethora” of deleted documents from defendant’s old YCA computer) since any delay in disclosing the expert and the recovered material was justified given defendant’s failure to disclose that his old computer might contain relevant evidence
Nature of Case: Breach of nondisclosure agreement, tortious interference
Electronic Data Involved: Deleted documents, computer hard drive
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