Electronic Discovery Law

Electronic Discovery Law covers "legal issues, news and best practices relating to the discovery of electronically stored information."

Author: Kirkpatrick & Lockhart Preston Gates Ellis has offices in 24 cities in the U.S. and around the world.

Blawg Related Categories: Civil Procedure • Trials & Litigation • Evidence • Law Firm

Recent Posts from Electronic Discovery Law

Over 1,000 Cases Now Included in K&L Gates' E-Discovery Case Database
We are pleased to announce that our searchable case database now contains over 1,000 e-discovery cases from state and federal jurisdictions, with new cases being added every week. Now more than ever, our database is…
Third Party Not Required to Produce Hard Drives to Plaintiff Competitor; Court Limits Subpoena and Allows Third Party to Conduct its Own Search
Daimler Truck N. Am. LLC v. Younessi, 2008 WL 2519845 (W.D. Wash. June 20, 2008) In this case, Daimler sued its former employee in Oregon district court for breach of his duty of loyalty, his…
Court Grants Plaintiff's Motion for Discovery Sanctions, Enters $5,247,781 Default Judgment and Awards $645,760 in Attorneys' Fees and Costs
S. New England Tel. Co. v. Global NAPs, Inc., 2008 WL 2568567 (D. Conn. June 23, 2008) In this case, plaintiff (“SNET”) alleged that Global NAPS, Inc. had misrouted long-distance traffic of certain circuits not…
Sixth Circuit Finds Demonstrable Abuse of Discretion in Trial Court's Order Requiring Forensic Imaging of State-Owned and Privately-Owned Computers by Plaintiffs' Computer Expert with Assistance from U.S. Marshal
John B. v. Goetz, 2008 WL 2520487 (6th Cir. June 26, 2008) In this case, state defendants sought mandamus relief from two discovery orders issued by the district court during the course of the class-action…
Iowa, Maryland and Nebraska Join States with Special E-Discovery Court Rules
Nebraska On June 4, 2008, the Nebraska Supreme Court adopted amendments to Neb. Ct. R. of Discovery, 33, 34, and 34A that address the discovery of electronically stored information. The amended rules are available here,…
Current Listing of States That Have Enacted E-Discovery Rules
More and more states are adopting statutes and court rules addressing the discovery of electronically stored information. Here is a current list with links to the relevant provisions. Arizona Amendments to Rules of Civil Procedure…
Production of Email in Native Format Satisfies Fed. R. Civ. P. 34(b)(2)(E)
Perfect Barrier LLC v. Woodsmart Solutions Inc., 2008 WL 2230192 (N.D. Ind. May 27, 2008) In this case, one of plaintiff’s requests for production sought emails -- plaintiff provided defendant with search terms and desired…
Finding Waiver of Attorney-Client Privilege and Work Product Protection, Court Orders Production of Attorney Notes of Employee Interviews Concerning Intel's Compliance with Evidence Preservation Obligations
In re Intel Corp. Microprocessor Antitrust Litig., 2008 WL 2310288 (D. Del. June 4, 2008) In this decision, the district court adopted the Special Master’s Report and Recommendation concerning the Motion of AMD and Class…
Client and Counsel Jointly and Severally Liable for Monetary Sanctions Based on Inadequate Search for and Untimely Production of ESI; Evidentiary Sanctions Also Recommended
R & R Sails Inc. v. Ins. Co. of Pa., 2008 WL 2232640 (S.D. Cal. Apr. 18, 2008) After a fire destroyed plaintiff’s manufacturing facility, defendant paid plaintiff for loss of property, but plaintiff claimed…
Plaintiff's Reformatting of Hard Drives Sought in Discovery Warrants Adverse Inference Instruction, Not Dismissal
Johnson v. Wells Fargo Home Mortgage, Inc., 2008 WL 2142219 (D. Nev. May 16, 2008) In this case, plaintiff alleged that defendant erroneously reported two of his real property mortgage loans delinquent to credit reporting…