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Moss v. Parr Waddoups Brown Gee & Loveless, 2010 Utah App. LEXIS 170 (Utah Ct. App. 2010).
Tort claims based on the assertion of an illegal search of plaintiffs' home for computers with proprietary information belonging to defendant's client were dismissed. Plaintiffs should have contested the validity of the court order permitting defendants' search and seizure in the proceeding in which the order was issued.
Tort claims based on the assertion of an illegal search of plaintiffs' home for computers with proprietary information belonging to defendant's client were dismissed. Plaintiffs should have contested the validity of the court order permitting defendants' search and seizure in the proceeding in which the order was issued.
City of Ontario v. Quon, 2010 U.S. LEXIS 4972 (U.S. June 17, 2010).
Without addressing employee privacy expectations when using employer computers, the Supreme Court held that a city's search of a SWAT Team member's messages on a city-issued pager was reasonable. The search was "motivated by a legitimate work-related purpose," and "it was not excessive in scope."
Without addressing employee privacy expectations when using employer computers, the Supreme Court held that a city's search of a SWAT Team member's messages on a city-issued pager was reasonable. The search was "motivated by a legitimate work-related purpose," and "it was not excessive in scope."
United States v. Richardson, 2010 U.S. App. LEXIS 11928 (4th Cir. June 11, 2010).
An internet service provider was not an agent or instrument of the government when it detected illegal images attached to email and reported the email, pursuant to a mandatory reporting requirement, to the Cyber Tip Line at the National Center for Missing and Exploited Children.
An internet service provider was not an agent or instrument of the government when it detected illegal images attached to email and reported the email, pursuant to a mandatory reporting requirement, to the Cyber Tip Line at the National Center for Missing and Exploited Children.
Federal Trade Commission v. Trudeau, 2010 U.S. App. LEXIS 10263 (7th Cir. May 20, 2010).
A thirty-day summary criminal contempt sentence imposed on a radio personality who urged his listeners to send email to the judge presiding over his civil contempt proceeding was reversed. Although the judge could read the 300 email messages he received on his courtroom computer and on his PDA device, Fed. R. Crim. P. 42(b) required that the contemptuous conduct had to occur within the judge's actual, physical presence rather than in his "virtual presence."
A thirty-day summary criminal contempt sentence imposed on a radio personality who urged his listeners to send email to the judge presiding over his civil contempt proceeding was reversed. Although the judge could read the 300 email messages he received on his courtroom computer and on his PDA device, Fed. R. Crim. P. 42(b) required that the contemptuous conduct had to occur within the judge's actual, physical presence rather than in his "virtual presence."
United States v. Bortnick, 2010 U.S. Dist. LEXIS 23407 (D. Kan. Mar. 11, 2010).
A Sheriff's Office requirement that defendant's computer forensics expert had to submit to a search of his electronic materials each time he left the facility was unreasonable.
A Sheriff's Office requirement that defendant's computer forensics expert had to submit to a search of his electronic materials each time he left the facility was unreasonable.
Reynolds v. University of Pennsylvania, 2010 U.S. Dist. LEXIS 6604 (E.D. Pa. Jan. 27, 2010).
A trial court erred in granting plaintiff's motion to exclude a PowerPoint that plaintiff acknowledged he relied on and that defendant had shown had been altered. The trial court granted defendant a new trial after a $435,678 jury verdict for plaintiff because the altered PowerPoint was relevant to plaintiff's credibility.
A trial court erred in granting plaintiff's motion to exclude a PowerPoint that plaintiff acknowledged he relied on and that defendant had shown had been altered. The trial court granted defendant a new trial after a $435,678 jury verdict for plaintiff because the altered PowerPoint was relevant to plaintiff's credibility.
Zawada v. United States, 2009 U.S. Dist. LEXIS 101368 (N.D. Ind. Oct. 29, 2009).
A request for court appointment of a computer forensics expert in a motion by a defendant seeking review of his sentence was denied because the defendant was not seeking to set aside a death sentence.
A request for court appointment of a computer forensics expert in a motion by a defendant seeking review of his sentence was denied because the defendant was not seeking to set aside a death sentence.
Universal Engraving, Inc. v. Metal Magic, Inc., 2009 U.S. Dist. LEXIS 97730 (D. Ariz. Oct. 1, 2009).
Plaintiff's motion to supplement its expert's report with information from analysis of defendants' computer hard drives and other data storage devices was denied because plaintiff had failed to raise with the court difficulties in obtaining the devices from defendants or to seek an extension of time to file expert reports prior to expiration of the expert disclosure deadline.
Plaintiff's motion to supplement its expert's report with information from analysis of defendants' computer hard drives and other data storage devices was denied because plaintiff had failed to raise with the court difficulties in obtaining the devices from defendants or to seek an extension of time to file expert reports prior to expiration of the expert disclosure deadline.
United States v. Afremov, 2009 U.S. Dist. LEXIS 90246 (D. Minn. Sept. 28, 2009).
A defendant who pleaded guilty to fraud and money laundering charges was ordered to pay a computer forensics company $628,737.33 for services in reconstructing, searching and producing data from hard drives. The company, which had deleted its work product produced as a court-appointed receiver in a prior civil action that included defendant, was providing expert services rather than responding to a subpoena that would require payment of witness fees only.
A defendant who pleaded guilty to fraud and money laundering charges was ordered to pay a computer forensics company $628,737.33 for services in reconstructing, searching and producing data from hard drives. The company, which had deleted its work product produced as a court-appointed receiver in a prior civil action that included defendant, was providing expert services rather than responding to a subpoena that would require payment of witness fees only.
United States v. Haymond, 2009 U.S. Dist. LEXIS 77375 (N.D. Okla. Aug. 28, 2009).
The court ordered defendant's computer forensics expert to use Government software "keys" to re-examine the mirror image of a computer seized by the Government. The expert had contended that he was unable to access illegal photographs that the Government verified were on the hard drive.
The court ordered defendant's computer forensics expert to use Government software "keys" to re-examine the mirror image of a computer seized by the Government. The expert had contended that he was unable to access illegal photographs that the Government verified were on the hard drive.
Covad Communications Co. v. Revonet, Inc., "Covad III", 2009 U.S. Dist. LEXIS 75325 (D.D.C. Aug. 25, 2009).
A defendant that was required to re-produce printed email in native format was ordered to cross-reference the paper and native format productions to resolve a discrepancy in the number of documents in each production.
A defendant that was required to re-produce printed email in native format was ordered to cross-reference the paper and native format productions to resolve a discrepancy in the number of documents in each production.
Cretella v. Kuzminski, 2009 U.S. Dist. LEXIS 67114 (E.D. Va. July 31, 2009).
Defendant was not entitled to a new trial because he failed to show that that email from plaintiff with generic "phishing" warnings actually contained software to retrieve information from defendant's computer. Even if such software was contained in the email, defendant did not show that plaintiff accessed any data and prevented defendant from fully preparing and presenting his defense.
Defendant was not entitled to a new trial because he failed to show that that email from plaintiff with generic "phishing" warnings actually contained software to retrieve information from defendant's computer. Even if such software was contained in the email, defendant did not show that plaintiff accessed any data and prevented defendant from fully preparing and presenting his defense.
FSP Stallion 1, LLC v. Luce, 2009 U.S. Dist. LEXIS 68460 (D. Nev. July 20, 2009).
Except for documents redacted to protect privileged information, defendants were ordered to produce documents in TIFF format with 13 categories of metadata and the OCR field. Redacted documents could be produced in scanned form in order to preserve privilege.
Except for documents redacted to protect privileged information, defendants were ordered to produce documents in TIFF format with 13 categories of metadata and the OCR field. Redacted documents could be produced in scanned form in order to preserve privilege.
In re Rail Freight Fuel Surcharge Antitrust Litigation, 2009 U.S. Dist. LEXIS 56748 (D.D.C. July 2, 2009).
Defendants' request for bifurcated or phased discovery in consolidated antitrust class actions was denied because electronically stored information needed by plaintiffs to support class certification was intertwined with information needed to support their claims on the merits. Also, bifurcated discovery would require additional supervision by the court to distinguish certification discovery from merits discovery.
Defendants' request for bifurcated or phased discovery in consolidated antitrust class actions was denied because electronically stored information needed by plaintiffs to support class certification was intertwined with information needed to support their claims on the merits. Also, bifurcated discovery would require additional supervision by the court to distinguish certification discovery from merits discovery.
Wilson v. Kautex, Inc., 2009 U.S. Dist. LEXIS 48885 (N.D. Ind. June 10, 2009).
Cross motions of the parties for sanctions for allegedly filing falsified documents were denied because the parties did not first allow 21 days for withdrawal of the allegedly falsified documents, as required by Fed. R. Civ. P. 11.
Cross motions of the parties for sanctions for allegedly filing falsified documents were denied because the parties did not first allow 21 days for withdrawal of the allegedly falsified documents, as required by Fed. R. Civ. P. 11.
Gurevich v. Gurevich, 2009 N.Y. Misc. LEXIS 1045 (N.Y. Sup. Ct. 2009).
A husband's email—found by his wife while using her husband's password after she filed an action for divorce—was admissible against the husband because the wife's review of the email was not an illegal "interception" of the email.
A husband's email—found by his wife while using her husband's password after she filed an action for divorce—was admissible against the husband because the wife's review of the email was not an illegal "interception" of the email.
Alfonso v. Tri-Star Search LLC, 2009 U.S. Dist. LEXIS 37362 (D. Or. May 4, 2009).
An employer obtained summary judgment on a former employee’s ERISA claim in part by showing through computer forensics that the employer had not used spyware to learn the employee had met with an attorney earlier on the day her employment was terminated.
An employer obtained summary judgment on a former employee’s ERISA claim in part by showing through computer forensics that the employer had not used spyware to learn the employee had met with an attorney earlier on the day her employment was terminated.
Technical Sales Associates v. Ohio Star Forge Co., "Technical Sales II", 2009 U.S. Dist. LEXIS 53711 (E.D. Mich. May 1, 2009).
A computer forensics company should have given its report on a search for an email on defendant's computers first to defendant to give defendant an opportunity to explain deleted files. After conferring with plaintiff's counsel, the company sent the report, prepared pursuant to a stipulated court order, directly to plaintiff's counsel, who then filed a motion for sanctions against defendant.
A computer forensics company should have given its report on a search for an email on defendant's computers first to defendant to give defendant an opportunity to explain deleted files. After conferring with plaintiff's counsel, the company sent the report, prepared pursuant to a stipulated court order, directly to plaintiff's counsel, who then filed a motion for sanctions against defendant.
Pace International, LLC v. Industrial Ventilation, Inc., 2009 U.S. Dist. LEXIS 35201 (W.D. Wash. Apr. 13, 2009).
The culling and selection of documents was more easily accomplished where documents were stored despite the advent of electronic discovery, and headquarters of two defendants in the District of Idaho weighed in favor of transfer of the action to Idaho. However, the court declined to transfer the action because transfer would shift but not reduce inconvenience of the litigation.
The culling and selection of documents was more easily accomplished where documents were stored despite the advent of electronic discovery, and headquarters of two defendants in the District of Idaho weighed in favor of transfer of the action to Idaho. However, the court declined to transfer the action because transfer would shift but not reduce inconvenience of the litigation.
United States v. Nicholas, 2008 U.S. Dist. LEXIS 106849 (C.D. Cal. Dec. 29, 2008).
An email by the chief executive officer of a company to his wife sent over a company computer was subject to the marital privilege. However, the government was not required to return the email to the CEO because the email had been widely disseminated, had to be disclosed to the CEO’s alleged co-conspirator, and could be admissible at trial to impeach testimony of the CEO.
Citizens for Responsibility & Ethics in Washington v. Cheney, "Cheney II", 2009 U.S. Dist. LEXIS 3113 (D.D.C. Jan. 19, 2009).
Despite an earlier determination that there was no legal basis for the Vice President’s narrow definition of his statutory duty to preserve documents under the Presidential Records Act, the court granted summary judgment to the Vice President in an action seeking a court order requiring preservation of records. The Act did not provide for court intervention, and plaintiffs provided no evidence to contradict the Vice President’s claim that preservation of records required by the Act would take place.
Despite an earlier determination that there was no legal basis for the Vice President’s narrow definition of his statutory duty to preserve documents under the Presidential Records Act, the court granted summary judgment to the Vice President in an action seeking a court order requiring preservation of records. The Act did not provide for court intervention, and plaintiffs provided no evidence to contradict the Vice President’s claim that preservation of records required by the Act would take place.
Berry v. Hawaiian Express Service, Inc., 2008 U.S. Dist. LEXIS 101841 (D. Haw. Dec. 16, 2008).
A successful plaintiff in a copyright infringement action was ordered to return a disk containing an image of a defendant’s “suspect” network files because the disk, even though missing a required identification sticker, had been produced pursuant to a protective order requiring return of discovery materials.
A successful plaintiff in a copyright infringement action was ordered to return a disk containing an image of a defendant’s “suspect” network files because the disk, even though missing a required identification sticker, had been produced pursuant to a protective order requiring return of discovery materials.
United States v. Kernell, 2008 U.S. Dist. LEXIS 95158 (E.D. Tenn. Nov. 20, 2008).
The parties’ need to conduct forensic examination of electronic messages and computer data led the court to postpone trial in a criminal case and declare the additional time would be excludable under the Speedy Trial Act.
The parties’ need to conduct forensic examination of electronic messages and computer data led the court to postpone trial in a criminal case and declare the additional time would be excludable under the Speedy Trial Act.
K.R. v. School District of Philadelphia, 2008 U.S. Dist. LEXIS 91423 (E.D. Pa. Nov. 5, 2008).
Plaintiff’s use in post-trial motions of a digital audio recording costing eight cents was permitted in lieu of written transcript excerpts.
Plaintiff’s use in post-trial motions of a digital audio recording costing eight cents was permitted in lieu of written transcript excerpts.
Kullar v. Foot Locker Retail, Inc., 2008 Cal. App. LEXIS 1740 (Cal. App. 1st Dist. Oct. 14, 2008).
Although submissions to a mediator were confidential, a court that approved a class action settlement reached during mediation should have reviewed data underlying the submissions before concluding the settlement was fair and reasonable.
Although submissions to a mediator were confidential, a court that approved a class action settlement reached during mediation should have reviewed data underlying the submissions before concluding the settlement was fair and reasonable.
Kroll Ontrack, Inc. v. Grain, 2008 U.S. Dist. LEXIS 80630 (D. Minn. Oct. 9, 2008).
An electronic discovery company’s action for $104,083.27 in interest and late payment charges against two doctors ordered to pay for electronic discovery at a hospital being sued by the doctors was dismissed for lack of jurisdiction.
An electronic discovery company’s action for $104,083.27 in interest and late payment charges against two doctors ordered to pay for electronic discovery at a hospital being sued by the doctors was dismissed for lack of jurisdiction.
Kipperman v. Onex Corp., 2008 U.S. Dist. LEXIS 71629 (N.D. Ga. Sept. 19, 2008).
Defendants’ objections to production of documents that defendants contended were irrelevant or too voluminous were denied. While the court was sympathetic to the massive amount of discovery in the case, defendants had failed to take advantage of the court’s invitation to limit search terms and the number of sources being searched.
Defendants’ objections to production of documents that defendants contended were irrelevant or too voluminous were denied. While the court was sympathetic to the massive amount of discovery in the case, defendants had failed to take advantage of the court’s invitation to limit search terms and the number of sources being searched.
Union Pacific Railroad Co. v. Grede Foundries, Inc., 2008 U.S. Dist. LEXIS 78530 (D. Kan. Sept. 3, 2008).
Email relating to track repairs was included within “all documents” relating to efforts of a railroad to repair a track bed, and the email had to be produced.
Email relating to track repairs was included within “all documents” relating to efforts of a railroad to repair a track bed, and the email had to be produced.
United States v. Stein, 2008 U.S. App. LEXIS 18524 (2d Cir. Aug. 28, 2008).
Dismissal of federal indictments against company employees after the government discouraged continued company payment of the employees’ legal fees and costs was affirmed. The government’s hampering of the employees’ ability to deal with a complex case and “mountains of electronic discovery” deprived the employees of their right to counsel under the Sixth Amendment.
Dismissal of federal indictments against company employees after the government discouraged continued company payment of the employees’ legal fees and costs was affirmed. The government’s hampering of the employees’ ability to deal with a complex case and “mountains of electronic discovery” deprived the employees of their right to counsel under the Sixth Amendment.
Dean v. New Werner Holding Co., 2008 U.S. Dist. LEXIS 49519 (D. Kan. June 26, 2008).
A defendant that failed to state when it would produce responsive electronically stored information available after it acquired assets and documents from a bankrupt company was ordered to produce the information within thirty days. Almost six months had passed since defendant was served with plaintiff’s discovery requests, and defendant was obligated to provide any reasonably available information.
A defendant that failed to state when it would produce responsive electronically stored information available after it acquired assets and documents from a bankrupt company was ordered to produce the information within thirty days. Almost six months had passed since defendant was served with plaintiff’s discovery requests, and defendant was obligated to provide any reasonably available information.
Veterans for Common Sense v. Peake, 2008 U.S. Dist. LEXIS 48944 (N.D. Cal. June 25, 2008).
The court at a post-trial hearing denied plaintiff’s request for further discovery based on an email document that government agencies failed to produce before trial. The email from a post traumatic stress disorder program director for the Department of Veterans Affairs in central Texas, who suggested that colleagues “refrain from giving a diagnosis of PTSD straight out,” conveyed a troubling message, according to the court, but the overhaul of the VA system sought by plaintiffs was beyond the jurisdiction of the court.
The court at a post-trial hearing denied plaintiff’s request for further discovery based on an email document that government agencies failed to produce before trial. The email from a post traumatic stress disorder program director for the Department of Veterans Affairs in central Texas, who suggested that colleagues “refrain from giving a diagnosis of PTSD straight out,” conveyed a troubling message, according to the court, but the overhaul of the VA system sought by plaintiffs was beyond the jurisdiction of the court.
Hill-McFadden v. Bank of America, N.A., 2008 U.S. Dist. LEXIS 47976 (M.D. Fla. June 20, 2008).
A bank’s motion to compel its former employee to return bank documents that she emailed to her personal email account during her last week of work was granted only to the extent that the bank and its former employee were ordered to meet and attempt to agree on a protective order. Plaintiff was cautioned to keep in mind rights of third parties who might be victims of unjustified transmission of sensitive information.
A bank’s motion to compel its former employee to return bank documents that she emailed to her personal email account during her last week of work was granted only to the extent that the bank and its former employee were ordered to meet and attempt to agree on a protective order. Plaintiff was cautioned to keep in mind rights of third parties who might be victims of unjustified transmission of sensitive information.
Quon v. Arch Wireless Operating Co., 2008 U.S. App. LEXIS 12766 (9th Cir. June 18, 2008).
A text message service provider that retained copies of text messages in electronic storage violated the Stored Communications Act when it provided a subscriber with a transcript of text messages to and from an employee of the subscriber. Also, the subscriber violated Fourth Amendment privacy rights of its employees by reviewing their text messages without first obtaining their consent.
A text message service provider that retained copies of text messages in electronic storage violated the Stored Communications Act when it provided a subscriber with a transcript of text messages to and from an employee of the subscriber. Also, the subscriber violated Fourth Amendment privacy rights of its employees by reviewing their text messages without first obtaining their consent.
United States v. Menominee Tribal Enterprises, 2008 U.S. Dist. LEXIS 64607 (E.D. Wis. May 30, 2008).
A government request for an order that defendant remove discovery materials, including videotapes of government witness depositions, from defendant’s public website was denied because there was no evidence of public or media interest in the case.
A government request for an order that defendant remove discovery materials, including videotapes of government witness depositions, from defendant’s public website was denied because there was no evidence of public or media interest in the case.
Oetinger v. First Residential Mortgage Network, Inc., 2008 U.S. Dist. LEXIS 41281 (W.D. Ky. May 23, 2008).
While a defendant’s contact with members of a plaintiff class to warn them that their hard drives, email and internet usage would be examined during discovery was not an ethical violation, the court, pursuant to its authority to administer collective actions, ordered a halt to such contacts without permission of defendant’s counsel.
While a defendant’s contact with members of a plaintiff class to warn them that their hard drives, email and internet usage would be examined during discovery was not an ethical violation, the court, pursuant to its authority to administer collective actions, ordered a halt to such contacts without permission of defendant’s counsel.
Grayson v. Witt, 2008 U.S. Dist. LEXIS 40041 (E.D. Ky. May 16, 2008).
A sheriff who claimed not to have reviewed contents of hard drives seized without a warrant at the home of an officer in the sheriff’s department was not entitled in the officer’s wrongful discharge action to a protocol from the court for discovery of the data on the seized hard drives.
A sheriff who claimed not to have reviewed contents of hard drives seized without a warrant at the home of an officer in the sheriff’s department was not entitled in the officer’s wrongful discharge action to a protocol from the court for discovery of the data on the seized hard drives.
Jeansonne v. Ford, 2008 U.S. Dist. LEXIS 68573 (W.D. La. May 8, 2008).
A Texas auto dealership that maintained a website over which customers in Louisiana could apply for credit and contact sales representatives was not doing sufficient business in Louisiana to support jurisdiction in that state because all sales took place at the dealership in Texas.
A Texas auto dealership that maintained a website over which customers in Louisiana could apply for credit and contact sales representatives was not doing sufficient business in Louisiana to support jurisdiction in that state because all sales took place at the dealership in Texas.
United States v. Kimoto, 2008 U.S. Dist. LEXIS 37687 (N.D. Ill. May 8, 2008).
Defendant’s motion to dismiss conspiracy and mail and wire fraud charges against him was denied because 2500 allegedly missing email documents relating to a conspiracy of a government witness were not shown to be missing as a result of government bad faith or to be relevant to the conspiracy charged against defendant.
Defendant’s motion to dismiss conspiracy and mail and wire fraud charges against him was denied because 2500 allegedly missing email documents relating to a conspiracy of a government witness were not shown to be missing as a result of government bad faith or to be relevant to the conspiracy charged against defendant.
Binary Semantics Ltd. v. Minitab, Inc., 2008 U.S. Dist. LEXIS 36566 (M.D. Pa. May 5, 2008).
Defendant’s request for images of plaintiff’s servers and employee computers to check the validity of electronic data provided by plaintiff during discovery was granted only to the extent of allowing images of protected folders on one server containing the information that had been provided by plaintiff.
Defendant’s request for images of plaintiff’s servers and employee computers to check the validity of electronic data provided by plaintiff during discovery was granted only to the extent of allowing images of protected folders on one server containing the information that had been provided by plaintiff.
State v. Sherrills, 2008 Ohio App. LEXIS 1662 (Ct. App. Ohio Apr. 24, 2008).
The conviction of an employee for unauthorized use of a computer was affirmed after it was shown that, despite a company policy barring uploading or downloading of files to or from outside computers, she had emailed confidential client information to outside email addresses.
The conviction of an employee for unauthorized use of a computer was affirmed after it was shown that, despite a company policy barring uploading or downloading of files to or from outside computers, she had emailed confidential client information to outside email addresses.
American Boat Co., Inc. v. Barge, 2008 U.S. Dist. LEXIS 32828 (E.D. Mo. Apr. 22, 2008).
A motion to reopen the time for filing a notice of appeal from an order was denied. The court’s electronic notice of the order was delivered to counsel’s internet service provider, and counsel was unable to explain why he did not receive the notice.
A motion to reopen the time for filing a notice of appeal from an order was denied. The court’s electronic notice of the order was delivered to counsel’s internet service provider, and counsel was unable to explain why he did not receive the notice.
Meccatech, Inc. v. Kiser, 2008 U.S. Dist. LEXIS 30829 (D. Neb. Apr. 15, 2008).
A company whose principal testified he had no email due to replacement of the hard drive on his computer was enjoined from transferring its funds. The replaced hard drive was saved by the company’s computer consultant and contained email showing that the principal and others were “actively working and plotting” against plaintiff.
A company whose principal testified he had no email due to replacement of the hard drive on his computer was enjoined from transferring its funds. The replaced hard drive was saved by the company’s computer consultant and contained email showing that the principal and others were “actively working and plotting” against plaintiff.
AGS Capital Corp. v. Prod. Action Int'l, LLC, 2008 Ind. App. LEXIS 725 (Ind. Ct. App. Apr. 11, 2008).
An order requiring defendants to allow a court-appointed expert to expunge all data taken from a competitor that was on defendants’ computer systems, including forms derived from the data, was affirmed. By incorporating stolen documents into their daily operations, defendants had brought upon themselves the potential problem of losing customer information during the expungement.
An order requiring defendants to allow a court-appointed expert to expunge all data taken from a competitor that was on defendants’ computer systems, including forms derived from the data, was affirmed. By incorporating stolen documents into their daily operations, defendants had brought upon themselves the potential problem of losing customer information during the expungement.
Snyder v. Energy Inc., 2008 N.Y. Misc. LEXIS 2052 (N.Y. Civ. Ct. Apr. 4, 2008).
Service of a summons and complaint by email was permitted because defendant’s email address was known and email offered a better chance than the traditional method of service through publication in a newspaper of providing actual notice to a defendant.
Service of a summons and complaint by email was permitted because defendant’s email address was known and email offered a better chance than the traditional method of service through publication in a newspaper of providing actual notice to a defendant.
National Interstate Corp. v. West, 2008 Ohio App. LEXIS 911 (Ct. App. Ohio Mar. 12, 2008).
Appeal of an order allowing forensic examination of computers was premature and was dismissed because the trial court entered a general protective order and provided for further objections to production in the case of specific documents.
Appeal of an order allowing forensic examination of computers was premature and was dismissed because the trial court entered a general protective order and provided for further objections to production in the case of specific documents.
Foraker v. LVNV Funding, LLC, 2008 U.S. Dist. LEXIS 24025 (N.D. Ohio Mar. 12, 2008).
Defendants’ motion to stay discovery pending the court’s ruling on their motion for summary judgment was denied. The summary judgment motion contained assertions of fact on which plaintiff was entitled to discovery.
Defendants’ motion to stay discovery pending the court’s ruling on their motion for summary judgment was denied. The summary judgment motion contained assertions of fact on which plaintiff was entitled to discovery.
Bro-Tech Corp. v. Thermax, Inc. ("Bro-Tech l"), 2008 U.S. Dist. LEXIS 8970 (E.D. Pa. Feb. 7, 2008).
A party required to purge documents from its electronic storage devices was ordered to produce images of the devices that had been searched by the party's expert for the documents to be purged. The expert had testified that he was instructed by counsel not to explore some of the potential "hits" on keywords being searched.
A party required to purge documents from its electronic storage devices was ordered to produce images of the devices that had been searched by the party's expert for the documents to be purged. The expert had testified that he was instructed by counsel not to explore some of the potential "hits" on keywords being searched.
State v. Grenning, 2008 Wash. App. LEXIS 24 (Wash. Ct. App. Jan. 8, 2008).
Child pornography convictions were dismissed because defendant was allowed to examine computer hard drives containing seized evidence only at a police facility.
Child pornography convictions were dismissed because defendant was allowed to examine computer hard drives containing seized evidence only at a police facility.
United States v. Gaynor, 2008 U.S. Dist. LEXIS 9433 (D. Conn. Jan. 4, 2008).
A statute which prohibited a defendant from obtaining copies of child pornography to be used against him by prosecutors was constitutional because the government made the evidence reasonably available for inspection by defendant's computer forensics expert on government computers at government offices.
A statute which prohibited a defendant from obtaining copies of child pornography to be used against him by prosecutors was constitutional because the government made the evidence reasonably available for inspection by defendant's computer forensics expert on government computers at government offices.
United States v. Warshak, "Warshak V", 2007 U.S. Dist. LEXIS 91741 (S.D. Ohio Dec. 13, 2007).
A company could not use confidentiality agreements signed by employees to bar use by the government in a criminal matter from using information on company laptops turned over to the government by employees and former employees.
A company could not use confidentiality agreements signed by employees to bar use by the government in a criminal matter from using information on company laptops turned over to the government by employees and former employees.
Bedwell v. Fish & Richardson P.C., 2007 U.S. Dist. LEXIS 88595 (S.D. Cal. Dec. 3, 2007).
Plaintiff paralegal was ordered to return her time sheets to defendant law firm that formerly employed her because the time sheets contained names of clients. However, the paralegal was not required to return copies of email printed from the firm's computer that contained communications between the paralegal and her managers or the firm's human resources department.
Plaintiff paralegal was ordered to return her time sheets to defendant law firm that formerly employed her because the time sheets contained names of clients. However, the paralegal was not required to return copies of email printed from the firm's computer that contained communications between the paralegal and her managers or the firm's human resources department.
H.H. v. Chesterfield County School Board, 2007 U.S. Dist. LEXIS 87682 (E.D. Va. Nov. 29, 2007).
Defendant's motion for summary judgment was considered premature in light of plaintiff's need for discovery and allegation that electronic documents had been destroyed.
Defendant's motion for summary judgment was considered premature in light of plaintiff's need for discovery and allegation that electronic documents had been destroyed.
Mobilisa, Inc. v. Doe, 2007 Ariz. App. LEXIS 225 (Ariz. Ct. App. Nov. 27, 2007).
An Arizona court of appeals has set a three-part test for issuance of an order compelling disclosure of an anonymous internet speaker's identity. The test includes a determination that the requesting party's cause of action could survive a motion for summary judgment.
An Arizona court of appeals has set a three-part test for issuance of an order compelling disclosure of an anonymous internet speaker's identity. The test includes a determination that the requesting party's cause of action could survive a motion for summary judgment.
Colorport, Inc. v. MicroBlend Techs., Inc., 2007 U.S. Dist. LEXIS 75878 (D. Kan. Oct. 11, 2007).
Based upon the parties' stipulation, the court entered an order protecting commercially sensitive information produced during discovery and included provisions restricting the use of electronic data and computer software to the litigation between the parties.
Based upon the parties' stipulation, the court entered an order protecting commercially sensitive information produced during discovery and included provisions restricting the use of electronic data and computer software to the litigation between the parties.
Warshak v. United States, "Warshak III", 2007 U.S. App. LEXIS 23741 (6th Cir. Oct. 9, 2007).
The U.S. Court of Appeals for the Sixth Circuit vacated its decision in Warshak v. United States, 2007 U.S. App. LEXIS 14297 (6th Cir. June 18, 2007), barring the government from seizing contents of personal email accounts from internet service providers without first giving notice to the email account holder or showing with specific facts that the account holder had no expectation of privacy in the contents of the account. The court is rehearing the case en banc.
The U.S. Court of Appeals for the Sixth Circuit vacated its decision in Warshak v. United States, 2007 U.S. App. LEXIS 14297 (6th Cir. June 18, 2007), barring the government from seizing contents of personal email accounts from internet service providers without first giving notice to the email account holder or showing with specific facts that the account holder had no expectation of privacy in the contents of the account. The court is rehearing the case en banc.
Smith v. Cafe Asia, 2007 U.S. Dist. LEXIS 73071 (D.D.C. Oct. 2, 2007).
Plaintiff was ordered to preserve images on his cell phone and to allow an attorney for defendant to see the images. Discovery by defendant of the images was otherwise denied pending a later ruling by the trial court on admissibility of the images.
Plaintiff was ordered to preserve images on his cell phone and to allow an attorney for defendant to see the images. Discovery by defendant of the images was otherwise denied pending a later ruling by the trial court on admissibility of the images.
Tauck v. Tauck, 2007 Conn. Super. LEXIS 2618 (Conn. Super. Ct. Sept. 21, 2007).
In a divorce action in which the wife alleged the husband possessed child pornography, forensic examination of hard drives from the husband's computers led the court to conclude that child pornography hidden on the husband's laptop computer had been placed there by the wife or someone acting on her behalf.
In a divorce action in which the wife alleged the husband possessed child pornography, forensic examination of hard drives from the husband's computers led the court to conclude that child pornography hidden on the husband's laptop computer had been placed there by the wife or someone acting on her behalf.
Reinhard v. Dow Chemical Co, 2007 U.S. Dist. LEXIS 59242 (S.D.N.Y. Aug. 13, 2007).
The likelihood that hard drive discovery might be required weighed in favor of transfer of an action from New York to Michigan where the hard drives were located.
The likelihood that hard drive discovery might be required weighed in favor of transfer of an action from New York to Michigan where the hard drives were located.
Kolerski v. United States, 2007 U.S. Dist. LEXIS 59142 (W.D.N.Y. Aug. 13, 2007).
Plaintiffs' failure to submit expert witness disclosures on time did not result in exclusion of the expert testimony because plaintiffs had not received email notices of electronic filings for six months. However, plaintiffs were ordered to pay $250 to defendant as a sanction because plaintiffs were aware of scheduling order deadlines and could have checked the court's docket through PACER to see that the action had not become dormant.
Plaintiffs' failure to submit expert witness disclosures on time did not result in exclusion of the expert testimony because plaintiffs had not received email notices of electronic filings for six months. However, plaintiffs were ordered to pay $250 to defendant as a sanction because plaintiffs were aware of scheduling order deadlines and could have checked the court's docket through PACER to see that the action had not become dormant.
United States v. Stein, "U.S. v. Stein II", 2007 U.S. Dist. LEXIS 52053 (S.D.N.Y. Jul. 16, 2007).
Charges against defendants were dismissed due to the government's coercion of their accounting firm employer to cut off payment of their legal expenses and leave them unable to defend themselves or to deal with "mountains of electronic discovery."
Charges against defendants were dismissed due to the government's coercion of their accounting firm employer to cut off payment of their legal expenses and leave them unable to defend themselves or to deal with "mountains of electronic discovery."
Henry v. Quicken Loans, Inc., 2007 U.S. Dist. LEXIS 45623 (E.D. Mich. June 25, 2007).
After the parties were unable to agree on a declaration to be signed by plaintiff's computer forensics expert concerning protection of defendant's privileged or proprietary information when screening defendant's backup tapes, the court provided a specific declaration for the expert to sign acknowledging that he was acting as the agent under the direction and control of defense counsel.
After the parties were unable to agree on a declaration to be signed by plaintiff's computer forensics expert concerning protection of defendant's privileged or proprietary information when screening defendant's backup tapes, the court provided a specific declaration for the expert to sign acknowledging that he was acting as the agent under the direction and control of defense counsel.
In re Yahoo, Inc., 2007 U.S. Dist. LEXIS 37601 (D. Ariz. May 22, 2007).
A U.S. District Court in Arizona could properly issue a search warrant pursuant to 18 U.S.C.S. õ 2703(a) to an internet service provider in California for production of email account information.
A U.S. District Court in Arizona could properly issue a search warrant pursuant to 18 U.S.C.S. õ 2703(a) to an internet service provider in California for production of email account information.
Abbott v. Town of Salem, 2007 U.S. Dist. LEXIS 31390 (D.N.H. Apr. 27, 2007).
A U.S. District Court's administrative procedures for electronic case filing did not require that discovery had to be done electronically. A hard copy request for admissions thus was properly served by mail. Due to a month-late reply to the request, proposed conclusions were deemed admitted.
A U.S. District Court's administrative procedures for electronic case filing did not require that discovery had to be done electronically. A hard copy request for admissions thus was properly served by mail. Due to a month-late reply to the request, proposed conclusions were deemed admitted.
Abbott v. Lockheed Martin Corp., 2007 U.S. Dist. LEXIS 19600 (S.D. Ill. Mar. 20, 2007).
Transfer of a federal action from Illinois to Maryland was not justified by the presence of key documents in Maryland because the documents were easily scanned and moved electronically.
Transfer of a federal action from Illinois to Maryland was not justified by the presence of key documents in Maryland because the documents were easily scanned and moved electronically.
Albertson v. Albertson, 2007 Va. Cir. LEXIS 132 (Va. Cir. Ct. Mar. 15, 2007).
In a matter of first impression under Virginia's Computer Trespass Law, a Virginia trial court held that defendant and her computer forensics expert would be allowed to access password-protected data on computers used by plaintiff.
In a matter of first impression under Virginia's Computer Trespass Law, a Virginia trial court held that defendant and her computer forensics expert would be allowed to access password-protected data on computers used by plaintiff.
Cobb v. Dawson, 2007 U.S. Dist. LEXIS 4632 (M.D. Ga. Jan. 22, 2007).
Although defendants in a vehicle crash case possessed the Event Data Recorder from plaintiff's pickup truck six months before discovery was closed, defendants were given an additional thirty days for a recently located expert to extract data from the EDR.
Although defendants in a vehicle crash case possessed the Event Data Recorder from plaintiff's pickup truck six months before discovery was closed, defendants were given an additional thirty days for a recently located expert to extract data from the EDR.
Balsam v. Dentalplans.com, 2007 Cal. App. Unpub. LEXIS 188 (Cal. App. Jan. 9, 2007).
A conclusory allegation that a Florida defendant was part of a group of defendants that sent email advertising to California residents was insufficient to support general or specific jurisdiction in California over the defendant.
A conclusory allegation that a Florida defendant was part of a group of defendants that sent email advertising to California residents was insufficient to support general or specific jurisdiction in California over the defendant.
Farzana K. v. Indiana Department of Education, 2007 U.S. App. LEXIS 109 (7th Cir. Jan. 4, 2007).
A complaint was timely filed even though the electronic filing system rejected the complaint for bearing the docket number of a previously dismissed complaint in the same matter.
A complaint was timely filed even though the electronic filing system rejected the complaint for bearing the docket number of a previously dismissed complaint in the same matter.
In re Presto, 2006 Bankr. LEXIS 3714 (Bankr. S.D. Tex. Dec. 15, 2006).
A motion to compel stating only that opposing counsel had been told of flaws in discovery responses was dismissed. The motion did not meet the requirement of Fed. R. Civ. P. 37(a)(2)(A) that a good faith attempt to resolve a discovery dispute was made before seeking an order compelling discovery.
A motion to compel stating only that opposing counsel had been told of flaws in discovery responses was dismissed. The motion did not meet the requirement of Fed. R. Civ. P. 37(a)(2)(A) that a good faith attempt to resolve a discovery dispute was made before seeking an order compelling discovery.
Christopher v. Tulsa Ambassador Hotel, L.L.C., 2006 U.S. Dist. LEXIS 89796 (N.D. Okla. Dec. 11, 2006).
Following a computer forensics report that disks turned over by plaintiff in her employment discrimination case contained proprietary information about her former employer's sales contracts, the court ordered reopening of discovery by the employer. Plaintiff's removal and use of the employer's electronic information could be relevant to determining whether plaintiff was entitled to front pay and reinstatement.
Following a computer forensics report that disks turned over by plaintiff in her employment discrimination case contained proprietary information about her former employer's sales contracts, the court ordered reopening of discovery by the employer. Plaintiff's removal and use of the employer's electronic information could be relevant to determining whether plaintiff was entitled to front pay and reinstatement.
Tuvalu v. Woodford, 2006 U.S. Dist. LEXIS 80642 (E.D. Cal. Nov. 3, 2006).
An inmate's right of access to the courts did not include a right of access to the internet for research.
An inmate's right of access to the courts did not include a right of access to the internet for research.
Wyeth v. Impax Laboratories, Inc., 2006 U.S. Dist. LEXIS 79761 (D. Del. Oct. 26, 2006).
Defendant did not have to produce documents in their native format complete with metadata because defendant's production in Tagged Image File Format was sufficient considering limited usefulness and relevance of metadata to the issues involved in the case.
Defendant did not have to produce documents in their native format complete with metadata because defendant's production in Tagged Image File Format was sufficient considering limited usefulness and relevance of metadata to the issues involved in the case.
Turner v. Moen Steel Erection, Inc., 2006 U.S. Dist. LEXIS 72874 (D. Neb. Oct. 5, 2006).
The defendant in a negligence action was ordered to produce mirror images of hard drives. The court tended to agree with plaintiff that it was odd that defendant's employees were communicating with counsel by email but did not use email during a construction project where an accident occurred.
The defendant in a negligence action was ordered to produce mirror images of hard drives. The court tended to agree with plaintiff that it was odd that defendant's employees were communicating with counsel by email but did not use email during a construction project where an accident occurred.
Matter of Ackermann v. Commissioner of Labor, 2006 N.Y. App. Div. LEXIS 9439 (N.Y. Sup. Ct., App. Div., Jul. 20, 2006).
Screen shots showing logons to supervisors' email accounts supported claims of unauthorized access to those accounts by a software support specialist and warranted denial of unemployment benefits following termination of her employment.
Screen shots showing logons to supervisors' email accounts supported claims of unauthorized access to those accounts by a software support specialist and warranted denial of unemployment benefits following termination of her employment.
Turner v. Resort Condominiums International, LLC, 2006 U.S. Dist. LEXIS 48561 (S.D. Ind. Jul. 13, 2006).
Sanctions denied when counsel for both parties employed unnecessary and costly discovery tactics in relatively weak pregnancy discrimination case that was ultimately dismissed in favor of defendants. Court criticizes plaintiff's "overly broad pre-suit litigation hold letter.
Sanctions denied when counsel for both parties employed unnecessary and costly discovery tactics in relatively weak pregnancy discrimination case that was ultimately dismissed in favor of defendants. Court criticizes plaintiff's "overly broad pre-suit litigation hold letter.
United States v. Adjani, 2006 U.S. App. LEXIS 17264 (9th Cir. Jul. 11, 2006).
A district court erred in suppressing emails seized from the personal computer of a person who lived with the suspect named in a search warrant because requiring specific search protocols for computer files that are easy to disguise or rename would result in the loss of evidence of criminal activity simply due to labeling of files.
A district court erred in suppressing emails seized from the personal computer of a person who lived with the suspect named in a search warrant because requiring specific search protocols for computer files that are easy to disguise or rename would result in the loss of evidence of criminal activity simply due to labeling of files.
Flynn v. Oakland County, 2006 U.S. Dist. LEXIS 18748 (E.D. Mich. Apr. 12, 2006).
A Sheriff's Department that marked investigation files and plaintiff's personnel file as "confidential" under a protective order in responding to a discovery request in a civil rights action was ordered to go through its response page by page to determine which pages contained confidential information. The court reserved consideration of sanctions against the Sheriff's Department.
A Sheriff's Department that marked investigation files and plaintiff's personnel file as "confidential" under a protective order in responding to a discovery request in a civil rights action was ordered to go through its response page by page to determine which pages contained confidential information. The court reserved consideration of sanctions against the Sheriff's Department.
Hord v. Recchio, 2006 U.S. Dist. LEXIS 14887 (E.D. Mich. Mar. 31, 2006).
A federal court in Michigan transferred a case to a federal court in Indiana due to the number of witnesses and documents in Indiana despite plaintiff's argument that ease of access to documents had become a less significant factor in deciding on venue in this era of electronic discovery.
A federal court in Michigan transferred a case to a federal court in Indiana due to the number of witnesses and documents in Indiana despite plaintiff's argument that ease of access to documents had become a less significant factor in deciding on venue in this era of electronic discovery.
Henry v. IAC/Interactive Group, 2006 U.S. Dist. LEXIS 24942 (W.D. Wash. Feb. 14, 2006).
In a discrimination action, an employee was ordered to turn over to her former employer three employer-owned computers and over 90,000 documents she had provided to her attorneys before and after filing suit against the employer.
In a discrimination action, an employee was ordered to turn over to her former employer three employer-owned computers and over 90,000 documents she had provided to her attorneys before and after filing suit against the employer.
Doe v. Gonzales, 2005 U.S. Dist. LEXIS 19403 (D. Conn. Sept. 9, 2005).
The U.S. Government was preliminarily enjoined from enforcing a statute barring a library and its employees from disclosing that the Federal Bureau of Investigation had served a National Security Letter on the library to obtain information about a patron's use of the library's computer system.
The U.S. Government was preliminarily enjoined from enforcing a statute barring a library and its employees from disclosing that the Federal Bureau of Investigation had served a National Security Letter on the library to obtain information about a patron's use of the library's computer system.
American Boat Company, Inc. v. Unknown Sunken Barge, 2005 U.S. App. LEXIS 17208 (8th Cir. Aug. 16, 2005).
A presumption of delivery applied to email notification from the clerk of the court. However, affidavits of attorneys that they had not received email sent shortly after the court set up an email notification system should have led to an evidentiary hearing to consider whether the time to file an appeal should be reopened.
A presumption of delivery applied to email notification from the clerk of the court. However, affidavits of attorneys that they had not received email sent shortly after the court set up an email notification system should have led to an evidentiary hearing to consider whether the time to file an appeal should be reopened.
United States v. Councilman, 418 F.3d 67 (1st Cir. 2005).
Interception of an email message in temporary, transient electronic storage was an indictable offense under the Wiretap Act, as amended by the Electronic Communications Privacy Act of 1986, according to an en banc decision of the U.S. Court of Appeals for the First Circuit.
Interception of an email message in temporary, transient electronic storage was an indictable offense under the Wiretap Act, as amended by the Electronic Communications Privacy Act of 1986, according to an en banc decision of the U.S. Court of Appeals for the First Circuit.
In re JetBlue Airways Corp. Privacy Litig., 2005 U.S. Dist. LEXIS 16002 (E.D.N.Y. Aug. 1, 2005).
An airline did not become an "electronic communication service" provider under the Electronic Communications Privacy Act (ECPA), 18 U.S.C.S. õ 2701 et seq., simply because it maintained a website that allowed for the transmission of electronic communications between itself and its customers.
An airline did not become an "electronic communication service" provider under the Electronic Communications Privacy Act (ECPA), 18 U.S.C.S. õ 2701 et seq., simply because it maintained a website that allowed for the transmission of electronic communications between itself and its customers.
Beyond Systems, Inc. v. Realtime Gaming Holding Co., LLC, 2005 Md. LEXIS 318 (Md. Ct. App. June 22, 2005).
Jurisdiction in Maryland could not be maintained over out-of-state defendants who maintained a gambling web site and sent unsolicited email to computers of a Maryland company's employees.
Jurisdiction in Maryland could not be maintained over out-of-state defendants who maintained a gambling web site and sent unsolicited email to computers of a Maryland company's employees.
In re Estate of Steed, 2004 Tex. App. LEXIS 11349 (Tex. Ct. App. December 17, 2004).
Jury erred in determining that waiver of decedent's computer-generated will had occurred.
Jury erred in determining that waiver of decedent's computer-generated will had occurred.
Philip Morris USA, Inc. v. Otamedia, 2004 U.S. Dist. LEXIS 16669 (S.D.N.Y. August 20, 2004).
Defendant was ordered to transfer two domain names to plaintiff after a computer forensics expert determined that defendant had submitted fabricated and unreliable sales data in regard to the sale of plaintiff's product on defendant's website.
Defendant was ordered to transfer two domain names to plaintiff after a computer forensics expert determined that defendant had submitted fabricated and unreliable sales data in regard to the sale of plaintiff's product on defendant's website.
Tempco Electric Heater Corp. v. Temperature Engineering Co., 2004 U.S. Dist. LEXIS 10124 (N.D. Ill. Jun. 3, 2004).
A minimal inspection (costing $50 by an outside company) of defendant's computers to confirm that plaintiff's program no longer was on defendant's computers was sufficient to support partial summary judgment for defendant in plaintiff's trademark infringement and breach of contract action.
A minimal inspection (costing $50 by an outside company) of defendant's computers to confirm that plaintiff's program no longer was on defendant's computers was sufficient to support partial summary judgment for defendant in plaintiff's trademark infringement and breach of contract action.
LeJeune v. Coin Acceptors, Inc., 2004 Md. LEXIS 251 (Md. May 13, 2004).
An employee misappropriated trade secrets from his employer when he copied information from a laptop owned by his employer to a compact disk.
An employee misappropriated trade secrets from his employer when he copied information from a laptop owned by his employer to a compact disk.
Pueblo of Laguna v. United States, 2004 U.S. Claims LEXIS 49 (Fed. Cir. Mar. 19, 2004).
Court enters preservation order for electronic data, including email, backup information, and data stored on hard drives or removable media, and notes that such orders have become common in complex litigations.
Court enters preservation order for electronic data, including email, backup information, and data stored on hard drives or removable media, and notes that such orders have become common in complex litigations.
Pueblo of Laguna v. United States, 2004 U.S. Claims LEXIS 49 (Fed. Cir. Mar. 19, 2004).
Court enters preservation order for electronic data, including email, backup information, and data stored on hard drives or removable media, and notes that such orders have become common in complex litigations.
Court enters preservation order for electronic data, including email, backup information, and data stored on hard drives or removable media, and notes that such orders have become common in complex litigations.
Beck v. Shelton, 267 Va. 482 (Va. Sup. Ct. 2004).
The Virginia Supreme Court reversed a trial court decision that email among a mayor and other city officials constituted a "public meeting" as defined in the Virginia Freedom of Information Act. The email communications were more like traditional letters, according to the court, because the intervals between sending a particular email and receiving a response ranged from more than four hours to over two days.
The Virginia Supreme Court reversed a trial court decision that email among a mayor and other city officials constituted a "public meeting" as defined in the Virginia Freedom of Information Act. The email communications were more like traditional letters, according to the court, because the intervals between sending a particular email and receiving a response ranged from more than four hours to over two days.
In re Merrill Lynch & Co., Inc. Research Reports Sec. Litig., 2004 U.S. Dist. LEXIS 2215 (S.D.N.Y Feb. 18, 2004).
Finding no evidence that defendants were failing to preserve all potentially relevant electronic evidence, court denies motion to lift automatic stay of discovery in securities litigation.
Finding no evidence that defendants were failing to preserve all potentially relevant electronic evidence, court denies motion to lift automatic stay of discovery in securities litigation.
Kendrick v. Mylan Labs, Inc. (In Re Lorazepam & Clorazepate Antitrust Litig.), 2004 U.S. Dist. LEXIS 558 (D. D.C., Jan. 16, 2004).
Court orders parties to consult electronic discovery service provider to ascertain whether electronic documents previously produced on CD-ROM can be rendered searchable.
Court orders parties to consult electronic discovery service provider to ascertain whether electronic documents previously produced on CD-ROM can be rendered searchable.
First USA Bank v. PayPal, Inc., 2003 U.S. App. LEXIS 18875 (Fed.Cir. Aug. 21, 2003).
Discovery of data from company's former CEO's laptop allowed. Circuit court refuses to hear appeal on non-final interlocutory discovery order.
Discovery of data from company's former CEO's laptop allowed. Circuit court refuses to hear appeal on non-final interlocutory discovery order.
The Carlton Group v. Tobin, 2003 U.S. Dist. LEXIS 13332 (S.D.N.Y. July 31, 2003).
Reliance on information from computer forensics expert sufficient to defeat Rule 11 sanctions.
Reliance on information from computer forensics expert sufficient to defeat Rule 11 sanctions.
Kerber v. Dairy Queen Operators Association, 2003 Minn. App. LEXIS 866 (Minn. Ct. App. July 22, 2003).
Despite an employer's policy prohibiting personal use of computers, it was not misconduct for an employee to use instant messaging to discuss whether Good Friday was a paid company holiday. Thus, the employee's discharge was not for misconduct, and the employee was eligible for unemployment benefits.
Despite an employer's policy prohibiting personal use of computers, it was not misconduct for an employee to use instant messaging to discuss whether Good Friday was a paid company holiday. Thus, the employee's discharge was not for misconduct, and the employee was eligible for unemployment benefits.
Columbia Valley Reg. Med. Ctr. v. Bannert, 2003 Tex. App. LEXIS 5857 (Tex. App. Corpus Christi July 10, 2003).
In reversing a $1.5 million defamation award, the appeals court held that evidence of who created a memorandum found on a shared computer drive was legally insufficient to support jury's verdict.
In reversing a $1.5 million defamation award, the appeals court held that evidence of who created a memorandum found on a shared computer drive was legally insufficient to support jury's verdict.
Rampersad v. Deutsche Bank Sec., Inc., 2003 U.S. Dist. LEXIS 7867 (S.D.N.Y. May 9, 2003).
Plaintiff's motion to lift automatic stay of discovery pursuant to Private Securities Litigation Reform Act denied. Defendants' electronic storage procedures challenged.
Plaintiff's motion to lift automatic stay of discovery pursuant to Private Securities Litigation Reform Act denied. Defendants' electronic storage procedures challenged.
Medical Billing Consultants, Inc. v. Intelligent Med. Objects, Inc., 2003 U.S. Dist. LEXIS 5606 (N.D. Ill. Apr. 4, 2003).
Court denies motion to compel inspection of computer systems in absence of evidence that defendant failed to produce requested email communications.
Court denies motion to compel inspection of computer systems in absence of evidence that defendant failed to produce requested email communications.
Go2Net, Inc. v. C I Host, Inc., 115 Wn. App. 73, 60 P.3d 1245, 2003 Wash. App. LEXIS 33 (Jan. 13, 2003).
Email messages produced the day prior to summary judgment hearing were not "newly discovered evidence."
Email messages produced the day prior to summary judgment hearing were not "newly discovered evidence."
RKI, Inc. v. Grimes, 177 F. Supp. 2d 859, 2001 U.S. Dist. LEXIS 21414 (N.D. Ill. Dec. 21, 2001), Aff'd., 233 F. Supp. 2d 1018, 2002 U.S. Dist. LEXIS 22981 (N.D. Ill. Nov. 27, 2002).
Defendant's unnecessary defragmentation of his computer supported finding that he had attempted to cover up theft of trade secrets.
Defendant's unnecessary defragmentation of his computer supported finding that he had attempted to cover up theft of trade secrets.
HD Brous & Co. v. Synthesys Secure Techs., Inc., 229 F. Supp. 2d 191, 2002 U.S. Dist. LEXIS 21194 (E.D.N.Y. Nov. 4, 2002).
Emails to New York contributed to finding defendant "transacted business" in the state.
Emails to New York contributed to finding defendant "transacted business" in the state.
In re Enron Corp., 284 B.R. 376, 2002 Bankr. LEXIS 1198, 40 Bankr. Ct. Dec. (LRP) 90 (Bankr. S.D.N.Y. Oct. 28, 2002).
Physical location of records not pertinent to venue; could easily be transmitted electronically.
Physical location of records not pertinent to venue; could easily be transmitted electronically.
Bryant v. Aventis Pharms., Inc., 2002 U.S. Dist. LEXIS 21070, 90 Fair Empl. Prac. Cas. (BNA) 757, 147 Lab. Cas. (CCH) P34667, 8 Wage & Hour Cas. 2d (BNA) 486 (S.D. Ind. Oct. 21, 2002).
Emails retrieved after termination did not reveal employer's motive.
Emails retrieved after termination did not reveal employer's motive.
Moench v. Red River Basin Bd., 2002 Minn. App. LEXIS 1112 (Minn. Ct. App. Sept. 17, 2002).
Evidence that employee opened pornographic web did not support finding of discharge for misconduct.
Evidence that employee opened pornographic web did not support finding of discharge for misconduct.
Thompson v. Thompson, 2002 U.S. Dist. LEXIS 9940 (1st Cir. May 30, 2002).
Pursuant to the Electronic Communications Privacy Act of 1986, the interception of electronic communications did not occur when emails and files were copied from the hard drive of a personal computer.
Pursuant to the Electronic Communications Privacy Act of 1986, the interception of electronic communications did not occur when emails and files were copied from the hard drive of a personal computer.
Garrity v. John Hancock Mut. Life Ins. Co., 2002 U.S. Dist. LEXIS 8343 (D. Mass. May 7, 2002).
Employees had no reasonable expectation of privacy in office email.
Employees had no reasonable expectation of privacy in office email.
Rio Props., Inc. v. Rio Int'l Interlink, 284 F.3d 1007, 2002 U.S. App. LEXIS 4392, 2002 Cal. Daily Op. Service 2511, 2002 D.A.R. 3092, 52 Fed. R. Serv. 3d (Callaghan) 239, 62 U.S.P.Q.2d (BNA) 1161 (9th Cir. Nev. Mar. 20, 2002).
Ninth Circuit approves service by email on foreign corporation.
Ninth Circuit approves service by email on foreign corporation.
State v. Gaikwad, 349 N.J. Super. 62, 793 A.2d 39, 2002 N.J. Super. LEXIS 140 (N.J. Super. Ct. App. Div. Mar. 11, 2002).
Computer monitoring capabilities support conviction for unlawful access.
Computer monitoring capabilities support conviction for unlawful access.
America Online, Inc. v. Anonymous Publicly Traded Company, 2001 Va. LEXIS 38 (Va. March 2, 2001).
Court refused to allow a corporation to seek information from America Online ("AOL") without revealing its identity.
Court refused to allow a corporation to seek information from America Online ("AOL") without revealing its identity.
