Tag:Data Preservation

1
Padilla v. Price Toyota, 2005 WL 6209494 (D.N.J. Oct. 28, 2005)
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Advantacare Health Partners, LP v. Access IV, 2005 WL 1398641 (N.D. Cal. June 14, 2005) (Unpublished)
3
Carlton Group, Ltd. v. Tobin, 2003 WL 21782650, fn. 8 (S.D.N.Y. July 31, 2003)
4
Kleiner v. Burns, 48 Fed. R. Serv. 3d 644, 2000 WL 1909470 (D. Kan. Dec. 15, 2000)
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Procter & Gamble Co. v. Haugen, 179 F.R.D. 622 (D. Utah 1998)
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Symantec Corp. v. McAfee Assoc., Inc., 1998 WL 740798 (N.D. Cal. June 9, 1998)
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Century ML-Cable Corp. v. Carrillo, 43 F. Supp. 2d 176 (D.P.R. 1998)
8
Landmark Legal Found. v. EPA, 272 F. Supp. 2d 70 (D.D.C. 2003)
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3M v. Pribyl, 259 F.3d 587, 606 n.5 (7th Cir. 2001)
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In re CI Host, Inc., 92 S.W.3d 514 (Tex. 2002)

Padilla v. Price Toyota, 2005 WL 6209494 (D.N.J. Oct. 28, 2005)

Key Insight: Court granted plaintiffs? motion to compel production of vehicle?s ?black box? where information sought was not available elsewhere and was necessary for expert analysis of airbag system despite defendants? arguments that data was irrelevant and unreliable and that retrieving the data would be unduly expensive because of need for technician to travel cross-country; regarding unreliability, court noted that a Daubert motion was not precluded in future

Nature of Case: Personal injury resulting from auto accident

Electronic Data Involved: Vehicle’s “black box”

Advantacare Health Partners, LP v. Access IV, 2005 WL 1398641 (N.D. Cal. June 14, 2005) (Unpublished)

Key Insight: Court denied individual defendant’s motion for reconsideration of default judgment entered against her and other defendants for continued destruction of evidence and continued possession of plaintiff’s proprietary files; although there was no evidence that individual defendant personally engaged in wrongful acts, she was not insulated by simply leaving compliance with court orders to other defendant; further, individual had numerous opportunities to disavow knowledge of misconduct or detail what efforts she personally took to comply with court orders but never did so

Nature of Case: Misapproriation of trade secrets and related torts

Electronic Data Involved: Proprietary information in electronic form

Carlton Group, Ltd. v. Tobin, 2003 WL 21782650, fn. 8 (S.D.N.Y. July 31, 2003)

Key Insight: Court granted ex parte application for TRO and related relief in order to locate and recover stolen information, and ordered return of laptops and “bit stream copying” of defendants’ computers to preserve deleted data

Nature of Case: Financial services company sued former employees for conspiring to steal confidential and proprietary information and unfair competition

Electronic Data Involved: Client databases and other proprietary information

Kleiner v. Burns, 48 Fed. R. Serv. 3d 644, 2000 WL 1909470 (D. Kan. Dec. 15, 2000)

Key Insight: Granting motion to compel disclosure of all relevant computerized data under former Rule 26(a)(1), court observed: “As used by the advisory committee, ‘computerized data and other electronically-recorded information’ includes, but is not limited to: voice mail messages and files, back-up voice mail files, e-mail messages and files, backup e-mail files, deleted e-mails, data files, program files, backup and archival tapes, temporary files, system history files, web site information stored in textual, graphical or audio format, web site log files, cache files, cookies, and other electronically-recorded information.”

Nature of Case: Copyright infringement (posting of copyrighted photographs on web site)

Electronic Data Involved: All voice mails, email, web sites, web pages, and other relevant electronic data

Procter & Gamble Co. v. Haugen, 179 F.R.D. 622 (D. Utah 1998)

Key Insight: Plaintiff sanctioned $10,000 for failing to preserve or search email of certain persons; key word search to be narrowed

Nature of Case: Business sued competitors for defamation and unfair competition

Electronic Data Involved: Email, databases (scope of key word search)

Symantec Corp. v. McAfee Assoc., Inc., 1998 WL 740798 (N.D. Cal. June 9, 1998)

Key Insight: Where defendants admitted to removing customer sales information from sales representatives’ computers by means of “delete and scrub” utilities in response to plaintiff’s claim that such material constituted trade secrets, and retained copies of deleted information, court granted unopposed motion for preliminary injunction enjoining defendant from distributing customer sales information and recalling and impounding customer sales information database

Nature of Case: Copyright infringement; plaintiff also alleged that defendant obtained private customer sales information from plaintiff’s former sales representative

Electronic Data Involved: Database containing customer sales information

Century ML-Cable Corp. v. Carrillo, 43 F. Supp. 2d 176 (D.P.R. 1998)

Key Insight: Default judgment entered against defendant and attorneys’ fees awarded to plaintiff, pursuant to Fed. R. Civ. P. 37, for defendant’s willful and intentional destruction of laptop presumably containing crucial evidence of defendant’s decoder key modification programs, sale records and customer lists

Nature of Case: Cable TV provider sued businessman for cable TV theft

Electronic Data Involved: Laptop

Landmark Legal Found. v. EPA, 272 F. Supp. 2d 70 (D.D.C. 2003)

Key Insight: EPA violated preliminary injunction that prohibited destruction of potentially responsive documents by reformatting hard drives and erasing or overwriting backup tapes containing potentially responsive email; EPA held in civil contempt and ordered to pay plaintiff’s reasonable attorneys’ fees incurred as a result of EPA’s contumacious conduct

Nature of Case: FOIA action

Electronic Data Involved: Hard drives and email stored on backup tapes

3M v. Pribyl, 259 F.3d 587, 606 n.5 (7th Cir. 2001)

Key Insight: Negative inference instruction warranted where six gigabytes of music were downloaded onto hard drive the night before the computer was to be turned over for inspection

Nature of Case: Manufacturer sued former employees and their new competing company for misappropriation of trade secrets

Electronic Data Involved: Hard drive

In re CI Host, Inc., 92 S.W.3d 514 (Tex. 2002)

Key Insight: Texas Supreme Court denied defendant’s request for mandamus relief, finding that trial court did not abuse discretion in ordering production of backup tapes since defendant failed to support its objections as required by Tex. R. Civ. P. 193.4(a)

Nature of Case: Class action against web host alleging contract breach, negligence and violation of Deceptive Trade Practices Act

Electronic Data Involved: Backup tapes

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