Key Insight: Magistrate recommended that non-parties’ motion for attorneys’ fees and other costs incurred in appearing for depositions and responding to subpoenas be denied, since non-parties failed to object to subpoenas or condition compliance on reimbursement, and an award of $58,000, without notice to plaintiffs, would be tantamount to severe prejudice
Electronic Data Involved: Email and hard copy documents
Key Insight: Plaintiff denied access to hard drives of computers acquired by defendant after alleged torts took place
Nature of Case: Tortious interference, misappropriation of trade secrets, defamation
Electronic Data Involved: Hard drives (to locate email)
Key Insight: Government’s motion for “protective order clarifying that it may produce email in response to discovery requests by producing from paper records of email messages rather than from backup tapes and may overwrite backup tapes in accordance with Departmental directives” denied as inappropriate given history of dispute; plaintiffs awarded attorneys’ fees and costs associated with motion
Nature of Case: Suit against the government alleging mismanagement of Indian trust funds
Electronic Data Involved: Email stored on backup tapes
Key Insight: Where defendant withheld computerized data and defense expert subsequently used data in rebuttal report, court allowed plaintiffs the opportunity to respond to defendants’ rebuttal expert report, and ruled that defendants would not be allowed opportunity to reply to plaintiffs’ response to the withheld information
Nature of Case: Antitrust
Electronic Data Involved: Computerized transaction data
Key Insight: Magistrate’s order granting plaintiff’s motion to compel discovery and awarding attorneys’ fees upheld; employer required to provide available data and also respond by stating the steps taken to obtain non-work related internet sites accessed during the dates requested, including detailed explanation of efforts to obtain information and reasons its efforts were not successful if it was unable to obtain the data to fully respond to interrogatory
Nature of Case: Employment discrimination
Electronic Data Involved: Information re all non-work related internet sites accessed on certain of employer’s computers during relevant period
Key Insight: Where defendant voluntarily divulged a privileged email communication at unemployment hearing and in response to discovery request, defendant waived any privilege with respect to the communication and to testimony and documents regarding the same subject matter; trial court erred in granting the defendant’s motion for return of the communication and for protective order, and in denying plaintiff’s motion to compel
Nature of Case: Wrongful discharge
Electronic Data Involved: Email
Key Insight: Although plaintiff’s production of relevant email and other documents in electronic form after the close of discovery demonstrated lack of good faith effort to produce all requested discovery in timely manner, sanctions were not warranted
Nature of Case: Patent infringement
Electronic Data Involved: Email and other documents in electronic form
Key Insight: Court denied plaintiff’s motion to compel defendants to allow experts to perform physical inspection of their computer equipment and files, since full disclosure of email had been provided by defendants and inspection was likely to be unduly burdensome
Nature of Case: Copyright infringement
Electronic Data Involved: Defendant’s computer equipment and files
Key Insight: Defendant’s discovery abuses and deletion of web site pages and other electronic information warranted entry of order enjoining spoliation and imposing monetary sanctions against defendant
Nature of Case: Breach of contract and related claims
Electronic Data Involved: Web site pages; log files and backup tapes of nonparty web hosting company
Key Insight: No abuse of discretion for trial court to strike defendant’s answer and enter judgment for plaintiff on issue of liability, where defendant reformatted computer’s hard drive, effectively erasing any information the computer may have contained, a day before surrendering it for court-ordered inspection
Nature of Case: Dispute between former business partners
Electronic Data Involved: Laptop
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