Court Orders Monetary Sanctions for Production Delay Resulting from Counsel’s Failure to Become Familiar with Plaintiff’s Retention Policies and Systems

In re A&M Fla. Props. II, LLC, 2010 WL 1418861 (Bankr. S.D.N.Y. Apr. 7, 2010)

By: Bree Kelly (K&L Gates eDiscovery Law)

Where plaintiff’s counsel “failed in his obligation to locate and produce all relevant documents in a timely manner” by failing to gain a sufficient understanding of plaintiff’s computer systems resulting in significantly delayed production of relevant documents, the court declined to impose terminating sanctions or an adverse inference but ordered monetary sanctions against plaintiff and counsel in an amount to be determined. (Read full article)

N.J. Ruling on Workplace E-Mail Privacy Sure to Impact Forensics

By: Craig Ball  (EDD Update)

Back in June 2009, I posted about Stengart v. Loving Care Agency, et al., a New Jersey appellate decision that found an expectation of privacy in remnants of an employee’s e-mail with her counsel found on a workplace computer.  This, despite a company policy advising employees that they shouldn’t expect any (okay, not much) privacy.  I thought it a case that would resonate beyond the Garden State.  Now, I’m sure of it… (Read the full article).

eDiscovery News for October 15th 2009

A few off the wire…

• Michael Bell reminds us that outsourcing isn’t all bad, it actually creates more jobs.
• Venkat Balasubramani at Spamnotes discusses Amazon is nearing settlement over wrongly deleted copies of 1984.  The importance?  Amazon may be agreeing to never delete any Kindle content – ever!
• This is VERY interesting – the topic of SMS messaging.  IT-Chuiko is reporting that computer forensic specialists have devised software to delete text messages in case your cell phone is stolen.  I wonder how that would play out in court…

eDiscovery News for Sept. 22nd 2009

Tuesday’s news full of eDiscovery:

• Boeing becomes the 32nd company in the Fortune 100 to contract with CaseCentral for its eDiscovery review software.  Meanwhile, the City of Tacoma has signed on with Autonomy.
• Messaging Architects announces the launch of their new eDiscovery Resource Center.  Known for their email risk management services, it makes sense to expand into the management of electronic data as it pertains to litigation, audits, access and IP considerations.
• Dr. Ramon Barquin has an interesting article over at the B-eye-Network.  He writes about cloud computing and how the Feds have just entered its own cloud with www.apps.gov.  He has a few issues with this, one being the issue of electronic discovery where a 3rd party is storing the documents.
• Women in eDiscovery and American Society of Digital Forensics & eDiscovery host their first regional event.  The event is to bring together legal professionals, technologists and law enforcement personnel in the southeast region.
• Iris Data Systems has announced the hire of Ryan Rhodes as the Regional Director serving Texas.