e-Discovery Case Law Update – Winter/Spring 2010
Date: March 24, 2010
Duration: 60 minutes
This quarterly case law update from Fios explores recent court decisions related to e-discovery, including Judge Scheindlin’s most recent ruling; the impact these cases may have and are already having; and tactics and strategies organizations should consider to help control their e-discovery costs and risks. Highlights of the issues and cases discussed include:
- Privacy of personal communications made through business systems – Quon v. Arch Wireless Operating Company, Inc. is now at the Supreme Court.
- Cooperation (and the failure to cooperate) – Bray & Gillespie Mgmt., LLC v. Lexington Ins. Co., in which the plaintiff’s lack of cooperation resulted in some of plaintiffs’ claims being dismissed with prejudice.
- Production of foreign data – AccessData Corp. v. ALSTE Tech, in which personal data of German residents was ordered to be produced despite Germany’s data protection laws.
- Preservation (failure to preserve) – Swofford v. Eslinger, in which the failure to preserve evidence resulted in sanctions against in-house counsel.
- Sanctions – Pension Comm. of Univ. of Montreal Pension Plan v. Bank of Am. Secs., in which Judge Scheindlin laid out a framework for courts to use in assessing sanctions for e-discovery deficiencies.
Faculty:
Mary Mack, Esq., Corporate Technology Counsel, Fios, Inc.
biographical information
Charles W. Cohen, Partner, Co-Chair, eDiscovery Practice Group, Hughes Hubbard and Reed LLP
biographical information
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