Key Insight: Court quashed subpoena issued by plaintiff directing YAHOO! Inc. to produce all emails sent or received by individual defendant during specific time period in light of privacy and privilege concerns, but advised that plaintiff could obtain a new subpoena that was limited in scope
Nature of Case: Breach of employment agreement and wrongful termination
Electronic Data Involved: Email
Key Insight: Court overruled plaintiff?s objection to Rule 30(b)(6) notice of deposition seeking testimony of person most knowledgeable about plaintiff?s computers/mainframe, which also requested that the deponent bring the mainframe or the ability to access the mainframe with him/her at the time of the deposition; court found that the information was relevant and discoverable, subject to the noticing party?s concession to take the deposition at the place of the mainframe
Nature of Case: Insurance coverage
Electronic Data Involved: Mainframe computer
Key Insight: Balancing relevant factors, court ruled that fairness and efficiency required parties to proceed with search for ESI incrementally and limited initial search to emails stored on hard drives; court instructed plaintiff to narrow his search terms, and any additional searches would occur only by joint agreement or court order; parties to share equally the costs of performing initial keyword search, but defendant to pay full cost of privilege/relevance review
Nature of Case: Employment litigation
Electronic Data Involved: Email and other ESI
Key Insight: Court denied plaintiff’s motion for reconsideration of that portion of its January 31, 2007 order adopting magistrate judge’s finding that plaintiff had waived any privilege that may have applied to the 37 Non-Lotus Notes Documents
Nature of Case: Patent litigation
Electronic Data Involved: Privileged email
Key Insight: Finding that defendant’s failure to identify certain backup tapes in its initial disclosures was inadvertent and was not intentional, willful, or wanton, court ruled that defendant need not produce such backup tapes because production would be unduly burdensome and not reasonably calculated to lead to relevant information; court further found that inadvertent disclosures of protected work product by each of the parties did not effect waiver and prohibited defendant from using or referring to any ?embedded data? contained in plaintiff?s discovery requests and responses
Nature of Case: Employment discrimination
Electronic Data Involved: Backup tapes and embedded data
Key Insight: District court upheld magistrate judge’s January 22, 2007 memorandum order and related protective order, as such orders were not clearly erroneous or contrary to law
Nature of Case: Design firm sued former vice president under Computer Fraud and Abuse Act
Electronic Data Involved: Former employee’s home computer and new work computer
Key Insight: Court concluded that any privilege that may have attached to documents inadvertently produced on CD was waived, since non-party?s counsel failed to exercise due care when he produced CD without first reviewing it, failed to immediately accept party?s offer to temporarily halt its document review after he was alerted that some of the documents on CD appeared to be internal communications with counsel, and furnished an inadequate privilege log after two-week delay
Nature of Case: Litigation between gas company and landowners
Electronic Data Involved: Privileged documents inadvertently produced on CD
Key Insight: Magistrate judge adopted special master’s recommendations regarding motion to compel production of source code, and ordered Chronotek to produce the portions of its source code, if any, that incorporated particular technology subject to an appropriate protective order, or, if source code did not incorporate particular technology at issue, affidavit of knowledgeable person attesting to same
Nature of Case: Patent litigation
Electronic Data Involved: Source code
Key Insight: Declining to impose sanctions at this stage of litigation, court reiterated its prior order requiring defendant to submit to a forensic inspection of its computer systems which record its purchases and sales of Square D products and its inventory of such products, with such inspection to be incurred at defendant’s sole expense and cost; court further denied defendant’s motion for protective order for lack of good cause
Nature of Case: Circuit breaker manufacturer alleged that defendants unlawfully imported, distributed, and sold counterfeit Square D products
Electronic Data Involved: Defendant’s computer systems
Key Insight: Where goal of prior discovery orders authorizing immediate forensic copying of computers of defendants’ 50 key custodians by plaintiff?s expert, escorted by United States Marshall, was to protect against defendants? destruction of responsive information in light of defendants? persistent and contumacious refusals to produce ESI, court denied motion for stay of orders pending appeal, finding that the class?s interests far outweighed any potential harm to defendants in the execution of the orders
Nature of Case: Class action on behalf of 550,000 children seeking to enforce their rights under federal law to various medical services
Electronic Data Involved: Computer systems of defendant Tennessee state agencies
Copyright © 2022, K&L Gates LLP. All Rights Reserved.