The revised Federal Rules of Civil Procedure turns 1-year-old this weekend, and according to Eden Prairie-based electronic discovery firm Kroll Ontrack, around 105 e-discovery opinions came down over the past 12 months.As you may remember, the new rules attempted to streamline e-discovery by calling for earlier judicial conferences, exempting material that is not reasonably accessible and adding a safe harbor provision, among other changes.
So without further ado, here are the five most significant cases that addressed e-discovery in 2007, courtesy of Kroll:
Columbia Pictures Industries v. Justin Bunnell
The Central District of California in May held that server log data stored in RAM was discoverable.
Lorraine v. Markel Am. Ins. Co.
The District of Maryland in May outlined standards for the admissibility of electronic evidence, stating it must be relevant, authentic, not hearsay or admissible hearsay, the "best evidence" and not unduly prejudicial.
Peskoff v. Faber
The District of Columbia in February ruled that accessible data must be produced at the cost of the producing party, unless the producing party can prove the documents are inaccessible.
Qualcomm, Inc. v. Broadcom Corp.
The Southern District of California in September considered sanctioning attorneys for discovery abuses.
Oxford House, Inc. v. City of Topeka
The District of Kansas determined there was no obligation to preserve overwritten e-mails before the likelihood of litigation.
More information about these and other e-discovery cases is available in .pdf form, organized by jurisdiction and topic.
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