E-DISCOVERY Archives – Page 16 of 19

John M. Barkett, Walking the Plank, Looking Over Your Shoulder, Fearing Sharks Are in the Water: E-Discovery in Federal Litigation?

Date 12/31/2010.

From the Conclusion: “…The prelitigation duty to preserve electronically stored information desperately needs attention by rule or otherwise. The trigger of the duty to preserve is fraught with uncertainty. Inherent power is employed within the framework of litigation governed by rules but is currently subject to no rules. If inherent authority presupposes ‘bad faith’ conduct, […]

Siani v. State Univ. of New York at Farmingdale, 2010 WL 3170664 (E.D.N.Y. Aug. 10, 2010)

Date 05/10/2010.

On August 10, 2010, the E.D. Court of New York denied Plaintiff’s motion for spoliation sanctions since he failed to present evidence proving that the emails allegedly destroyed by Defendants “would have been favorable to his case”. In this employment discrimination case, Plaintiff, Siani, argued that defendants failed to preserve electronic evidence and that he […]

Covad Communications Co. v. Revonet, Inc., 267 F.R.D. 14 (D.D.C. 2010)

Date 03/31/2010.

Nine discovery motions were before the court. One of the motions dealt with the format in which certain email correspondence must be produced – an issue with a considerable procedural background. The court held that Rule 34 of the Federal Rules of Civil Procedure allowed for production in either native format or another usable format. […]

The New York Unified Court System, “Electronic Discovery in New York State Courts” – A Report to the Chief Judge and Chief Administrative Judge

Date 02/28/2010.

From the Report: “This report makes a number of recommendations to address these problems by generally increasing awareness of what is at stake, and giving judges and court staff the enhanced training, tools and procedures they need to take an early, active role in e-discovery…The findings and recommendations in this report are based on extensive […]

Building Erection Services Co., L.C. v. American Buildings Co., 2010 U.S. Dist. LEXIS 2625, *5-6 (D. Kan. Jan. 13, 2010)

Date 01/13/2010.

In a dispute over setting deposition dates, “To help counsel understand their obligations, counsel are directed to read the Sedona Conference Cooperation Proclamation, which this Court has previously endorsed”. The full text is available at http://www.gpo.gov… Open pdf Related Documents: Sedona Conference® Cooperation Proclamation

Qualcomm Inc. v. Broadcom Corp., 2010 WL 1336937 (S.D. Cal.)

Date 01/07/2010.

On January 7, 2010, the United States District Court, Southern District of California, reversed the decision to sanction outside attorneys for failing to produce tens of thousands of key documents. In 2008, the Court had issued a Sanctions Order against Qualcomm and its counsel for “intentionally with[holding] tens of thousands of documents that defendant [Broadcom] […]

Joint E-Discovery Subcommittee of the Association of the Bar of the City of New York, Manual for State Trial Courts Regarding Electronic Discovery Cost Allocation, Spring 2009

Date 12/31/2009.

From the Preface: “This Manual is intended to assist New York State Judges and court personnel in managing issues relating to the cost of discovery of electronically stored information (“ESI”).” The full text is available at http://www2.nycbar.org…

Capitol Records, Inc. v. MP3tunes, LLC, 261 F.R.D. 44, 2009 WL 2568431 (S.D.N.Y. AUG. 13, 2009)

Date 08/13/2009.

Citing William A. Gross Construction Associates, Inc. v. American Manufacturers Mutual Insurance Co., 256 F.R.D. 134, 2009 U.S. Dist. LEXIS 22903 (S.D.N.Y. Mar. 19, 2009), the magistrate judge was critical of counsel’s unilateral decision on search terms for electronically stored information: “MP3tunes’ unilateral decision regarding its search reflected a failure to heed Magistrate Judge Andrew […]

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