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: Trials & Litigation • Evidence • Law Firm
Recent Posts from Electronic Discovery Law
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Court Grants Motion for Sanctions, Precludes Defendants' Assertion of Affirmative Defense
Arista Records, LLC v. Usenet.com, Inc., 2009 WL 1873589 (S.D.N.Y. June 30, 2009) In this copyright infringement case, plaintiffs alleged defendants committed egregious discovery violations deserving of terminating sanctions. The violations included wiping relevant hard…
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Governor Schwarzenegger Signs California's Electronic Discovery Act, to be Effective Immediately
After previously vetoing a prior version of the bill for budgetary reasons, Governor Schwarzenegger signed California’s Electronic Discovery Act last night, to be effective immediately. Closely tracking the 2006 amendments to the Federal Rules of…
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Magistrate Judge Declines to Compel Plaintiff to Categorically Organize Documents that were Produced as Kept in the Usual Course of Business
Valeo Elec. Sys., Inc. v. Cleveland Die & Mfg. Co., 2009 WL 1803216 (E.D. Mich. June 17, 2009) In response to defendant’s requests for production, plaintiff produced over 270,000 pages of emails and other electronically…
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You Get What You Pay For: Court Allows Access to Defendant's Relevant Backup Tapes and Email Archives provided Plaintiff is Willing to Bear the Costs
Kilpatrick v. Breg, Inc., 2009 WL 1764829 (S.D. Fla. June 22, 2009) This case arose from plaintiff’s claim that defendant’s product caused plaintiff to develop a degenerative cartilage condition (chondrolysis), that defendant was aware of…
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Judge finds Dell Inc. in Contempt
By BECKY BOHRER NEW ORLEANS (AP) — A state court judge on Thursday found Dell Inc. in contempt of court, saying the computer company was making a "mockery" of the system with its alleged piecemeal…
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Court Finds Request Overly Broad and Unduly Burdensome and Denies Motion to Compel but Orders Search of Electronically Stored Information According to Its Instruction
Kay Beer Distrib., Inc. v. Energy Brands, Inc., 2009 WL 1649592 (E.D. Wis. June 10, 2009) Following the court’s award of partial summary judgment to defendant, the sole cause of action remaining was plaintiff’s claim…
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Iowa Supreme Court Adopts New Evidence Rule 5.502 Addressing the Disclosure of Information Subject to the Attorney-Client Privilege and Work Product
On April 2, 2009, the Iowa Supreme Court approved the adoption of Evidence Rule 5.502 addressing the disclosure of information covered by the attorney-client privilege and work product. Substantially similar to recently enacted Federal Rule…
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Appellate Court Finds Trial Court Abused its Discretion by Failing to Impose Terminating Sanctions for Discovery Abuses, Directs Entry of Default Judgment
Doppes v. Bentley Motors, Inc., 2009 WL 1578384 (Cal. Ct. App. June 8, 2009) In this case arising from plaintiff’s claims of a foul odor in his new car and defendant’s failure to repair it,…
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Upcoming Events
E-Discovery Workshop via HP Halo Telepresence Collaboration Studios – “E-Discovery in a Down Economy: Achieving Litigation Readiness While Cutting Costs and Improving Outcomes” July 16, 2009 HP Halo Studio Locations: New York, NY –…
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Finding Plaintiffs' Ex-Employee and his New Employers Culpable for the Spoliation of Ex-Employee's Laptop, Court Orders Adverse Inference and Monetary Sanctions
Beard Research, Inc. v. Kates, 2009 WL 1515625 (Del. Ch. May, 29, 2009) (Unpublished) In this case, arising from plaintiffs’ claims that defendants interfered with business relationships and misappropriated trade secrets, plaintiffs sought sanctions against…