Electronic Discovery Law – Page 429 – Legal issues, news and best practices relating to the discovery of electronically stored information.

Highlights (Day 1) from the Third Public Hearing on Proposed Amendments to the Federal Rules of Civil Procedure

Mar 08 2005

On February 11-12, 2005 in Washington D.C., the Civil Rules Advisory Committee heard testimony from over 45 witnesses. This was the third and final set of public hearings on the proposed amendments to the Federal Rules of Civil Procedure relating to electronic discovery. Following are some highlights of the testimony from day one of the hearing, when the committee heard from over 30 witnesses. The complete testimony for this hearing, and the previous hearings, can be found here. Read More

E-discovery issues present challenges in court cases

Mar 07 2005

In an article appearing in the February 18-24 issue of the Puget Sound Business Journal, Martha Dawson points out that case law regarding e-discovery is slow to develop and often confusing. Additionally, federal guidelines that apply to document discovery were originally drafted in 1939 prior to today’s computer environment. In the article, she discusses several issues under consideration as part of efforts to modernize e-discovery definitions and methodology within federal rules. Click here to view a .pdf of the article.

Magistrate Recommends Combination of Remedial Measures for “Excruciatingly Slow and Disjointed Disclosure of Documents”

Mar 02 2005

Lava Trading, Inc. v. Hartford Fire Ins. Co., 2005 WL 459267 (S.D.N.Y. Feb. 24, 2005)

At the conclusion of discovery, defendant moved for the imposition of sanctions on plaintiff, contending that plaintiff had systematically ignored its discovery obligations under the Federal Rules of Civil Procedure, violated a series of court orders directing it to produce documents within specified deadlines, and irremediably prejudiced defendant’s ability to prepare its case. Defendant sought dismissal of the complaint, or, in the alternative, an order (1) precluding plaintiff from presenting evidence on a series of specific topics, (2) authorizing defendant to place in evidence a quantity of emails produced in an untimely fashion by plaintiff and (3) requiring plaintiff to reimburse defendant for the costs of one deposition session and its current motion. Read More

Magistrate Recommends Adverse Inference Instruction and Monetary Sanctions for Failure to Preserve Hard Drives, Audio Recordings and Email

Mar 01 2005

E*Trade Securities LLC v. Deutsche Bank AG, et al., Civil No. 02-3711 RHK/AJB and Civil No. 02-3682 RHK/AJB (D. Minn. Feb. 17, 2005)

United States Magistrate Judge Arthur J. Boylan filed a Report and Recommendation regarding several electronic discovery disputes arising in a case where plaintiffs claim that defendants engaged in a fraudulent securities lending scheme. Two plaintiffs moved for sanctions based on certain defendants’ alleged spoliation of evidence and failure to conduct a reasonable inquiry in response to discovery requests; defendants opposed the sanctions motion and moved for an award of attorneys’ fees and costs. The judge recommended that the plaintiffs’ motions for sanctions be granted and that defendants’ motion be denied. Read More

Electronic Discovery Sanctions in the Twenty-First Century

Feb 25 2005

Judge Scheindlin, United States District Court Judge for the Southern District of New York, has co-authored an article that surveys decisions concerning e-discovery sanctions issued since January 1, 2000. The article is meant to provide guidance for e-discovery reform by examining what state and federal courts have considered to be sanctionable conduct and the sanctions that have been imposed. Full text of the article can be found here.

Highlights from the Second Public Hearing on Proposed Amendments to the Federal Rules of Civil Procedure

Feb 18 2005

On January 28, 2005 in Dallas, the Civil Rules Advisory Committee held the second of three public hearings on the proposed amendments to the Federal Rules of Civil Procedure relating to electronic discovery. The committee heard testimony from 18 individuals. Following are some highlights of the testimony. The complete testimony can be found at here. Read More

Injunction Prohibiting “Routine” Disposal of Business Records Unrelated to Dispute Is Overbroad

Feb 16 2005

Computek Computer & Office Supplies, Inc. v. Walton, 2005 WL 352036 (Tex.App. Feb. 15, 2005)

Plaintiff sued competing business and its owner, alleging that owner used trade secrets obtained during his employment with plaintiff to form the competing company. The trial court ruled in favor of plaintiff and awarded it actual and exemplary damages. In addition, the trial court entered a permanent injunction against defendant which enjoined defendant from, among other things, “[r]emoving or destroying any files, or copies of files, including but not limited to Defendants’ computer or computer files.” Read More

J.P. Morgan paying $2.1 million in settlement over e-mail retention

Feb 16 2005

J.P. Morgan will pay a total of $2.1 million to settle three separate claims that it failed to preserve e-mail during a 2002-03 investigation of alleged conflicts of interest among several Wall Street investment firms. Read the full story in the LA Times online.

Court Allows Use of Electronic Documents at Trial Despite Late Disclosure

Feb 14 2005

Klyuch v. Freightmasters, Inc., 2005 WL 318786 (D.Minn. Feb. 9, 2005)

In this employment discrimination case, the defendant sought to amend its trial exhibit list to include three recently discovered electronic documents which it contended were “germane to the outstanding issues” set to be tried. The defendant provided the documents to opposing counsel as soon as it discovered them, and the court found that there was no evidence of bad faith on behalf of the defendant. The plaintiff argued that the late disclosure was unduly prejudicial. Read More

Pharmaceutical Industry’s Guide to Document Management and E-Discovery

Feb 11 2005

April 19-20, 2005
Park Hyatt Hotel, Phladelphia
Produced by American Conferences

Similar to the Second Annual Advanced Forum on Document Retention & E-Discovery, this CLE is geared specifically to the pharmaceutical industry. Representatives from Bayer, GlaxoSmithKline, Merck, Pfizer, Wyeth and others will be on hand to share their perspectives. Download the conference flyer here.