E-Discovery Center

Recent Posts from E-Discovery Center

• Wisconsin One Step Closer To E-Discovery Rulemaking

  On January 21, 2010, the Wisconsin Supreme Court will hear public comment on the proposed state e-discovery rulemaking. For a copy of the hearing notice, click here (images/order%20re%20public%20hearing%20on%20proposed%20wi%20e-discovery%20rules.pdf).

• Party Not Obligated To Share Access To Database

  In SEC v. Strauss, 2009 WL 3459204 (S.D.N.Y. Oct. 28, 2009), U.S. Magistrate Judge Henry Pitman denied the defendant's application to compel the SEC to grant him remote access to Deloitte and Touche's electronic database.

• Court Overrules "Not Reasonably Accessible" Objection And Orders Production

  In In re eBay Seller Antitrust Litigation, 2009 WL 3613511 (Oct. 28, 2009), District Court Judge Jeremy Fogel issued an order overruling eBay's objections to the magistrate judge's prior order requiring eBay to produce certain…

• Court Orders Party To Confer And Work For Middle Ground On ESI Production

  In Mirbeau of Geneva Lake LLC v. City of Lake Geneva, et. al., 2009 WL 3347101 (E.D. Wis. Oct. 15, 2009), U.S. District Court Judge J.P. Stadtmueller denied plaintiff's request to compel defendants to produce…

• Court Orders Forensic Inspection Citing Level Of Distrust

  In Dawe v. Corrections USA, 2009 WL 3233883 (E.D. Cal. Oct. 1, 2009), U.S. Magistrate Judge Edmund F. Brennan granted defendants' motion to compel inspection of a third-party plaintiff's laptop computer. While inspection is the…

• Court Orders Production Of ESI And Instructs Counsel To Meaningfully Meet And Confer

  In Palm Bay Int'l, Inc. v. Marchesi di Barola S.P.A., 2009 U.S. Dist. LEXIS 104020 (E.D.N.Y. Nov. 9, 2009), U.S. Magistrate Judge A. Kathleen Tomlinson granted, in part, defendant's motions to compel production of documents,…

• Ariz. Supreme Court Holds Definition Of Electronic Public Records Includes Metadata

  In Lake v. City of Phoenix, et. al., 2009 Ariz. LEXIS 257 (S. Ct. Ariz. Oct. 29, 2009), the Arizona Supreme Court vacated the a court of appeals ruling and held that if a public…

• Destruction Of Backup Tapes During Litigation Not Spoliation Of Evidence

  In MRT, Inc., et. al. v. Vounckx, et. al., 2009 Tex. App. LEXIS (Ct. App. Tex. Dallas Oct. 30, 2009), Judge Joseph B. Morris writing for the majority upheld the trial court's ruling and rejected…

• Court Rejects Expert Opinion Of Spoliation Absent "Non Speculative" Supporting Evidence

  In In re Washington Mutual, Inc. Securities Litigation, 2009 U.S. Dist. LEXIS 99727 (W.D. Wash. Oct. 27, 2009), U.S. District Court Judge Marsha J. Pechman barred portions of plaintiffs' expert opinions on spoliation of electronically…