In re Napster, Inc. Copyright Litig., 2006 WL 3050864 (N.D. Cal. Oct. 25, 2006) In this opinion, the court denied plaintiffs’ request for spoliation sanctions in the form of a default judgment, and instead granted plaintiffs’ alternative request for a...
11/03/2006 03:17 PM

$1.888 Million Judgment Entered in Favor of Bankruptcy Trustee Based on Adverse Party's Spoliation of Financial Records

In re Quintus Corp., 2006 WL 3072982 (Bankr. D. Del. Oct. 27, 2006) Avaya, Inc. purchased the assets of the debtors in bankruptcy, and agreed to assume certain of the debtors’ liabilities. Thereafter, the trustee filed an adversary complaint against...
11/03/2006 02:57 PM

E-Discovery for Defense Attorneys

Washington Defense Trial Lawyers (WDTL) sponsors "E-Discovery for Defense Attorneys" at the Washington State Convention & Trade Center from 8 AM to Noon -- November 2, 2006. Preston DATG partner, Todd Nunn, will present "A Realist's View of the Impact of E-Discovery on...
10/27/2006 03:17 PM

Court Denies Request for Production in Native Format and Imaging of Hard Drives

Ponca Tribe of Indians of Okla. v. Cont’l Carbon Co., 2006 WL 2927878 (W.D. Okla. Oct. 11, 2006) In this decision, the court ruled on plaintiffs’ motion to compel certain electronic information. First, the court rejected plaintiffs’ request that defendant...
10/25/2006 08:50 PM

GETTING PAST THE HYPE

"Practical Advice for Developing an Effective Discovery Response Plan"The Preston DATG partners look forward to leading a succession of briefings designed to assist clients in negotiating the perils of electronic discovery with advice for developing actionable plans and tools for navigating through the new federal rules which go into effect December 1, 2006. Breakfast...
10/19/2006 06:11 PM

Ethics for Corporate Counsel: The New Rules and Recent Trends in Professional Liability

Wednesday, November 1, 2006Washington State Convention & Trade Center, Room 2ABSeattle, WAMartha Dawson is speaking at this upcoming Washington State Bar Association event on Ethical Issues in Electronic Discovery. Other speakers include representatives from PACCAR, Avista Corporation, and the University...
10/12/2006 07:01 PM

Modern Discovery: New Rules, New Approaches

Examine crucial discovery issues facing practitioners today. Martha Dawson, Program Committee Chair for this WSBA-sponsored CLE, will give an update on the ethical obligations in the complex world of e-discovery on Thursday, October 26, 2006, Seattle Hilton. Preston partners Helen Bergman Moure...
10/09/2006 07:37 PM

Ninth Circuit Upholds Dismissal of Complaint and $65,000 Sanction for Spoliation of Computer Files Under Court's Inherent Authority

Leon v. IDX Sys. Corp., 2006 WL 2684512 (9th Cir. Sept. 20, 2006) Dr. Mauricio Leon (“Leon”) was hired by the defendant in 2001, and in mid-2002, he began complaining of mismanagement of a federally-funded project. In April 2003, IDX...
10/09/2006 01:55 PM

Magistrate Recommends Adverse Inference Instruction Based in Part on Former Employee's Cancellation of Personal Yahoo Email Account

Easton Sports, Inc. v. Warrior LaCrosse, Inc., 2006 WL 2811261 (E.D. Mich. Sept. 28, 2006) Plaintiff was in the business of manufacturing and selling a variety of hockey equipment; the defendants were related sporting goods companies that, at the time...
10/06/2006 06:39 PM

Default Judgment Warranted by Deliberate and Bad Faith Spoliation, and to Deter Other Would-Be Spoliators

Arista Records, L.L.C. v. Tschirhart, 2006 WL 2728927 (W.D. Tex. Aug. 23, 2006) In this copyright infringement action based on internet file-sharing activities, plaintiffs sought terminating sanctions against defendant for spoliation of evidence. Plaintiffs alleged that defendant willfully destroyed critical...
10/02/2006 03:43 PM

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