Electronic Discovery Law – Page 410 – Legal issues, news and best practices relating to the discovery of electronically stored information.

Magistrate Orders Production of Metadata and Electronic Documents

Apr 11 2006

Rodriguez v. City of Fresno, 2006 WL 903675 (E.D. Cal. Apr. 7, 2006)

In this civil rights action stemming from plaintiffs’ arrest, the court granted in part and denied in part plaintiffs’ motion to compel production of documents and responses to interrogatories. Among other things, plaintiffs sought the production of electronic documents relating to the arrest and detention of plaintiffs. With little discussion of particulars (including what constituted “Exhibit K” referenced below), the court ruled as follows: Read More

Adverse Inference Not Warranted By Party’s Re-Installation Of Operating System On Computer Servers Subject to Preservation Order

Apr 10 2006

Creative Sci. Sys., Inc. v. Forex Capital Mkts., LLC, 2006 WL 870973 (N.D. Cal. Apr. 4, 2006) (Unpublished)

In this case involving copyright infringement and related claims, plaintiff moved for sanctions, claiming that defendant had not complied with the court’s Preservation Order. Plaintiff sought monetary sanctions, an adverse inference instruction, and an order barring defendant from presenting a particular defense. Ultimately, the court denied the non-monetary sanctions, ordered the defendant to cover the cost of plaintiff’s expert’s forensic analysis of certain computer servers, and imposed monetary sanctions for defendant’s failure to preserve an employee’s notebook. Read More

Memorandum to Advisory Committee Members Provides Valuable Background on Proposed ER 502, and Responds to Comments Already Received

Apr 10 2006

In advance of their April 24-25, 2006 meeting, members of the Advisory Committee on the Federal Rules of Evidence received a memorandum prepared by the Reporter (Daniel J. Capra, Reed Professor of Law, Fordham Law School) and Professor Kenneth S. Broun (University of North Carolina School of Law), a consultant to the Advisory Committee. The memorandum, available here, provides interesting background on the proposed Evidence Rule 502. The Advisory Committee has not yet taken any action on the proposed rule. Read More

Advisory Committee on Federal Rules of Evidence to Conduct “Mini-Conference” on Proposed Evidence Rule 502

Apr 05 2006

On April 24, 2006, from 9 a.m. until 1 p.m., the Advisory Committee on the Federal Rules of Evidence will conduct a hearing (or “mini-conference”) on a proposed rule that would govern waiver of attorney-client privilege and work product protection. The hearing will take place at the Fordham University School of Law Amphitheater in New York City, and will consist of short statements by invited presenters, with time left for a discussion among the presenters and questions from the Committee. Interested members of the public are invited to attend the hearing and are free to attend the Committee meeting that will follow. Read More

Finding Terminating Sanctions Against Defendant “A Close Call,” Court Imposes Negative Inferences for Bad Faith Spoliation of Damaging Email, Awards Attorneys’ Fees and Costs, and Issues Stern Warning

Mar 31 2006

Adams v. Gateway, Inc., No. 2:02-CV-106 TS (D. Utah Mar. 6, 2006) (memorandum decision and order on de novo review of magistrate judge’s reports and recommendations and imposing sanctions)

In this patent case, the U.S. District Court judge adopted two (sealed) Reports and Recommendations prepared by the magistrate judge which found that the defendant had spoliated and failed to disclose evidence, and recommended the imposition of sanctions. Issued under seal on March 6, 2006, the court’s decision adopting the magistrate’s recommendations was unsealed on March 22, 2006. Read More

During Initial Case Management Conferences, Magistrate Orders Mirror Imaging of All of Defendants’ Computers and Peripheral Equipment at Plaintiffs’ Expense, and Orders Parties to Meet and Confer on Appropriate Search Protocol

Mar 29 2006

Balboa Threadworks, Inc. v. Stucky, 2006 WL 763668 (D. Kan. Mar. 24, 2006)

Plaintiffs sued under the Copyright Act and the Lanham Act, claiming that defendants wrongfully copied digital embroidery designs and then sold the designs to at least one third party. Defendants filed a counterclaim and third party complaint alleging fraud and civil conspiracy. Read More

Court Orders Non-Party to Produce Documents Derived From DOJ Document Database Using Particular Search Terms, and to Produce Entire Electronic Document Database from FTC Investigation

Mar 27 2006

Tessera, Inc. v. Micron Tech., Inc., 2006 WL 733498 (N.D. Cal. Mar. 22, 2006)

The plaintiff in this case licenses its semiconductor packaging technology directly to semiconductor manufacturers; typically, licensing agreements require the semiconductor manufacturers to pay plaintiff royalties on the volume of synchcronous RDRAM chips sold which uses its semiconductor packaging technology. Plaintiff’s complaint alleged patent infringement, antitrust violations and various state law claims against various semiconductor manufacturers. Plaintiff alleged that defendants unlawfully colluded with others to boycott the synchronous RDRAM chip to reduce demand for them and artificially inflate the price of pre-existing and inferior DRAM chips for their own financial gain. Plaintiff alleged that defendants’ actions deprived the company of significant royalties. Read More

Halter To Present “Beyond the Federal Rules” At Upcoming DRI CLE

Mar 23 2006

Preston Gates partner Julie Anne Halter is scheduled to present at A Guide to Understanding the New Federal Rules, a CLE seminar hosted by the Defense Research Institute (DRI) on May 18-19, 2006, in Philadelphia. Her section of the program, titled “Beyond the Federal Rules,” will cover important electronic discovery issues not covered by the new rules and what companies can do about them.

Magistrate Finds No Further Response Necessary to Plaintiff’s Request for Production of Financial Database, and Denies as Premature Plaintiff’s Request for Direct Access to Database

Mar 21 2006

Bob Barker Co. v. Ferguson Safety Prods., Inc., 2006 WL 648674 (N.D. Cal. Mar. 9, 2006)

In this action for Lanham Act violations and related claims, the plaintiff moved to compel defendants to produce further documents in response to requests seeking various financial information. The defendants contended that the requests were overbroad and that, as a small business operation, they did not maintain many of the kinds of records sought. Read More

Second Circuit Reverses Frank Quattrone Conviction for Obstruction of Justice and Witness Tampering

Mar 20 2006

In 2000, Credit Suisse First Boston Corporation (“CSFB”) employed Frank Quattrone as head of its Global Technology Group (the “Tech Group”). In that capacity, Quattrone managed approximately 400 technology investment bankers from the firm’s Palo Alto, California office. The Tech Group was responsible for CSFB’s investment-banking activity related to technology companies, including underwriting services. The Tech Group provided services to two types of customers – tech company issuer-clients undertaking offerings of equity-based securities and individual customers who traded securities as clients of the Tech Group’s Personal Client Services subgroup. Read More