eDiscovery Case Law

Magistrate Articulates Sampling, Conversion and Search Protocols for Hard Copy Insurance Claim Files
J.C. Associates v. Fidelity & Guar. Ins. Co., 2006 WL 1445173 (D.D.C. May 25, 2006) In this insurance coverage dispute, plaintiff sought discovery of the 1.4 million active and inactive claim and litigation files in defendant’s possession. Although the defendant...

California Appellate Court Sides with Internet Publishers and Directs that Subpoenas Issued by Apple Computer, Inc. be Quashed
O’Grady v. Superior Court, 2006 WL 1452685 (Cal. Ct. App. May 26, 2006) Apple Computer, Inc. (Apple) brought this action alleging that persons unknown caused the wrongful publication on the World Wide Web of Apple’s secret plans to release a...

Former Counsel for Morgan Stanley Successfully Petitions for Writ Directing Trial Court to Strike Revocation of Pro Hac Vice Status
Clare v. Coleman (Parent) Holdings, Inc., 2006 WL 1409137 (Fla. Ct. App. May 24, 2006) The petitioner in this case, Thomas A. Clare, is a partner in the law firm of Kirkland & Ellis, LLP, who was admitted to appear...

Magistrate Denies Request for Production of Native PST Files But Orders Defendants to Produce Electronic Material in a Readable, Usable Format
CP Solutions PTE, Ltd. v. General Elec. Co., 2006 WL 1272615 (D. Conn. Feb. 6, 2006) In this recently published case, plaintiff found fault with defendants’ production of 301,539 pages of documents in response to its 131 requests for production....

Ex-Employee Waived Attorney-Client Privilege as to Deleted Emails Later Recovered from Employer-Provided Laptops
Kaufman v. SunGard Inv. Sys., 2006 WL 1307882 (D.N.J. May 10, 2006) (Unpublished) This case is similar to Curto v. Med. World Communications, Inc., 2006 WL 1318387 (E.D.N.Y. May 15, 2006), but it reaches a different result....

Morgan Stanley to Pay $15 Million Fine to Settle E-Discovery Charges
From the New York Times: Wall Street powerhouse Morgan Stanley & Co. Inc. has agreed to pay a $15 million civil fine to settle federal regulators’ charges that it repeatedly failed to provide tens of thousands of e-mails that they...

TRO Requires Defendants to Return Proprietary Materials and Computers to Former Employer, and Provide Affidavit Affirming Compliance and/or Detailing Any Disposal of Items
Cardinal Health 414, Inc. v. Rogers, 2006 WL 1207962 (E.D. La. May 3, 2006) The court’s order enjoined the defendants and their employees or agents from soliciting any current employee of the plaintiff for employment. It also required the defendants...

Following Mini-Conference, Advisory Committee Approves Proposed New FRE 502 for Publication
On Monday, April 24, 2006, the Advisory Committee on the Federal Rules of Evidence held a mini-conference on a proposed new rule concerning waiver of the attorney-client privilege and work product doctrine. The conference was held at Fordham Law School...