Electronic Discovery Law

Legal issues, news and best practices relating to the discovery of electronically stored information.

1
Magistrate Sustains Plaintiff’s Objections to TIFF Imaged Documents and Orders Production in Native Format
2
Middle District of Pennsylvania Enacts New Local Rule Addressing Electronic Discovery, Effective December 1, 2005
3
Magistrate Orders Production of Tabulation Containing Mathematical Information Regarding Payroll and Timekeeping Data Despite Work Product Claim
4
National Archives and Records Administration Revises Regulations Regarding Management and Disposition of Very Short-Term Temporary Email
5
Defendant Ordered to Produce Documents in Native File Format and with Original Metadata
6
After-Acquired Evidence that Employee Misused Laptop in Violation of Company Policy and Erased Data Survives Summary Judgment
7
Production of Computer Printouts in Response to Interrogatories and Production Requests Not Deemed Unauthorized Data Dump
8
Advisory Committee on Federal Evidence Rules to Consider New Rule Codifying Waiver of Privilege by Disclosure
9
Moure Featured in “Ask the Compliance Expert” Column
10
Court Grants Preliminary Injunction Requiring Plaintiff to Return Laptop, Computer Files and Email to Former Employer After Forensic Firm Removes Plaintiff’s Privileged Documents at Her Expense

Magistrate Sustains Plaintiff’s Objections to TIFF Imaged Documents and Orders Production in Native Format

Hagenbuch v. 3B6 Sistemi Elettronici Industriali S.R.L., 2006 WL 665005 (N.D. Ill. Mar. 8, 2006)

In this patent infringement case, the defendant required plaintiff to come to its Rockford, Illinois offices in order to inspect defendant’s documents and things and to designate those documents and things that plaintiff deemed responsive to his request for production. Plaintiff inspected defendant’s Rockford, Illinois office and designated numerous documents and electronic media consisting of compact discs, floppy discs, and/or DVDs, for copying by the copying service arranged for by defendant. Initially, defendant refused to permit copying of the designated electronic media, offering instead to print out and deliver to plaintiff hard copies of all of the documents contained on the designated discs and DVDs. Plaintiff refused this offer and insisted on receiving identical, electronic copies of the electronic media. Ultimately, defendant decided (against the protests of plaintiff) to convert all of the information on the original electronic media into Tagged Image File Format (“TIFF”) documents that were then downloaded onto compact discs and delivered to plaintiff. According to plaintiff, the compact discs produced by the defendant contained approximately 15,000 TIFF documents. Read More

Middle District of Pennsylvania Enacts New Local Rule Addressing Electronic Discovery, Effective December 1, 2005

The new Local Rule 26.1 creates a duty on the part of counsel to “inquire into the computerized information-management systems used by their clients so that they are knowledgeable about the operation of those systems, including how information is stored and how it can be retrieved.” The new rule also requires counsel to “inform their clients of the need to preserve information stored in computerized information-management systems so that information relevant to the claims or defenses in the case is not in any way destroyed.” In addition, the new rule sets out a number of e-discovery topics the parties must discuss in their Local Rule 16.3(a) conference of attorneys. Click “Continue Reading” below for the the full text of the new rule. Read More

Magistrate Orders Production of Tabulation Containing Mathematical Information Regarding Payroll and Timekeeping Data Despite Work Product Claim

Ayers v. SGS Control Servs., 2006 WL 618786 (S.D.N.Y. Mar. 9, 2006)

Plaintiffs sued under the Fair Labor Standards Act (“FLSA”), alleging that defendants, through their payroll practices, failed to compensate their employees for overtime work. Plaintiffs requested that defendants be ordered to produce a tabulation containing mathematical information regarding payroll and timekeeping data. Defendants claimed that the tabulation was protected by the work product privilege. Read More

National Archives and Records Administration Revises Regulations Regarding Management and Disposition of Very Short-Term Temporary Email

The National Archives and Records Administration (“NARA”) announced that it will be revising regulations to provide for appropriate management and disposition of very short-term email by allowing management of such records within the email system. Disposition of Electronic Mail Records with Short Retention Periods, Final Rule, 71 Fed. Reg. 8806-8808 (Feb. 21, 2006) (to be codified at 36 C.F.R. pt. 1234). The effective date for changes is March 23, 2006. Read More

Defendant Ordered to Produce Documents in Native File Format and with Original Metadata

Nova Measuring Instruments Ltd. v. Nanometrics, Inc., 417 F. Supp. 2d 1121 (N.D. Cal. 2006)

Nova Measuring Instruments Ltd. (“Nova”) filed a motion to compel production of documents pursuant to Patent L.R. 3-4 in this patent infringement matter adverse Nanometrics, Inc. (“Nano”). There was disagreement as to whether Nano was required to produce documents in native format with original metadata, and whether the documents produced are sufficient to show the operation of each aspect or element of the claims identified in Nova’s Patent L.R. 3-1(c) chart. Read More

After-Acquired Evidence that Employee Misused Laptop in Violation of Company Policy and Erased Data Survives Summary Judgment

Olson v. Int’l Bus. Mach.s, 2006 WL 503291 (D.Minn. Mar. 1, 2006)

John Olson (“Olson”) sued International Business Machines (“IBM”) in connection with his termination of employment. Claims included employment discrimination in violation of the Minnesota Human Rights Act, violation of the Family Medical Leave Act of 1993, and intentional infliction of emotional distress. Health care providers found that Olson suffered from mental health problems and had thoughts of harming his immediate supervisor, Shelley Green. On June 18, 2004, Olson was dismissed following an investigation by IBM’s violence assessment team. Read More

Production of Computer Printouts in Response to Interrogatories and Production Requests Not Deemed Unauthorized Data Dump

Jackson v. City of San Antonio, 2006 WL 487862 (W.D.Tex. Jan 31, 2006)

In this case, which involves claims of entitlement to FLSA overtime wages, plaintiffs filed a motion to compel pursuant to Federal Rule of Civil Procedure 37(a). Plaintiffs alleged, in part, that defendants’ production of computerized pay and time records in response to interrogatories and production requests constituted an “unauthorized ‘data dump.'” Plaintiffs also claimed that the records are “unhelpful, unusable, and nonresponsive” because field descriptors are missing. Read More

Advisory Committee on Federal Evidence Rules to Consider New Rule Codifying Waiver of Privilege by Disclosure

Pike and Fischer’s Electronic Evidence Update, a service of Pike and Fischer Digital Discovery and e-Evidence, reported today that the Advisory Committee on the Federal Rules of Evidence will consider a new rule during a meeting on April 24. Proposed Federal Rule of Evidence 502 codifies waiver of privilege and work product protection by disclosure, and includes exceptions to such waiver. An exception for inadvertent disclosure addresses the concern that the cost of privilege review has become prohibitive in cases involving electronic discovery. The rule also codifies the controlling effect of (1) court orders regarding the preservation or waiver of privilege or work product protection and (2) party agreements regarding the effect of disclosure. Court orders are made applicable to non-parties, and party agreements regarding the effect of disclosure are made binding on the parties to the agreement but not on other parties unless the agreement is incorporated into a court order. Read More

Moure Featured in “Ask the Compliance Expert” Column

Preston Gates partner Helen Bergman Moure was recently featured as the expert on ComplianceResources.org’s “Ask the Compliance Expert” column. The interview focuses on document retention and e-discovery.

In the Q&A, Helen notes that some of the major challenges facing corporations include the “volume of electronic data being created and stored by individual users, education of employees about the importance of effective document retention practices, and implementation of effective policies that balance business needs with legal requirements.”

In the interview, she also addresses litigation hold procedure and provides some high-level recommendations for helping a company prepare for document productions and requests related to litigation or a governmental investigation.

Click here to read the full interview.

Court Grants Preliminary Injunction Requiring Plaintiff to Return Laptop, Computer Files and Email to Former Employer After Forensic Firm Removes Plaintiff’s Privileged Documents at Her Expense

Henry v. IAC/Interactive Group, 2006 WL 354971 (W.D. Wash. Feb. 14, 2006)

In this employment discrimination/trade secrets case, defendants obtained a preliminary injunction that granted the following injunctive relief: Read More

Copyright © 2022, K&L Gates LLP. All Rights Reserved.