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Electronic Discovery Blog
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A weblog on e-discovery issues by an attorney and former IT manager
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Farewell
Lexis has informed me that I do not have permission to use their cases on this blog. I went back and looked at my original agreement, and it was in fact only for a year. It’s been three years since I started this blog, and it has been a good run. Therefore, I [...]
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Counsel’s failure to carry out discovery obligations results in monetary sanctions
In re A&M Florida Properties II, 2010 Bankr. LEXIS 1217 (Bankr. S.D.N.Y, Apr. 7, 2010)
After producer plaintiff had not turned over any emails memorializing the transaction giving rise to the dispute, new counsel for producer ordered producer to conduct a “company-wide” search. However, counsel was unaware of the functioning of plaintiff’s email system. [...]
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Scholarly e-discovery articles of interest
The University of Denver Law Review recently published an issue consisting of articles responding to the question, “If you could change any rule of federal procedure, what would it be, and why?”
Several authors took up the charge by addressing e-discovery, while the rest focused on other areas of procedure (including pleadings, offer of judgment, and [...]
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Third party and requestor ordered to share costs of production from database created from backup tapes
Universal Delaware, Inc. v. Comdata Corp., 2010 U.S. Dist. LEXIS 32158 (E.D. Pa. Mar. 31, 2010)
Plaintiff requestor had initially filed suit against producer, but voluntarily dismissed producer without prejudice to plaintiff’s right to amend and rename producer, while tolling the statute of limitations. The parties stipulated that producer would preserve relevant evidence as if [...]
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Adverse inference denied despite failure to save instant messages
OCE North America v. Brazeau, 2010 U.S. Dist. LEXIS 25523 (N.D. Ill. Mar. 18, 2010)
Plaintiff requestor sought to close an evidentiary gap in its trade secret case against defendant producer by asserting entitlement to an adverse inference based on producer’s admitted failure to save his instant messages. The court had found that producer had [...]
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