In United States v. Kimoto, 588 F.3d 464 (7^th Cir. Dec. 4, 2009), the Court of Appeals for the Seventh Circuit affirmed the defendant's conviction and sentence, while remanding the case to the district court for further proceedings.  The appellate court specifically rejected defendant's arguments that the government destroyed emails and failed to timely provide forensically sound electronically stored information.

In Kam Hing Enterprises, Inc. v. Wal-Mart Stores, Inc., et. al., 2010 U.S. App. Lexis 184 (2nd Cir. Jan. 6, 2010), the Court of Appeals for the Second Circuit affirmed a partial summary judgment ruling related to plaintiff's copyright claim from the Southern District of New York (District Court Judge Miriam G. Cedarbaum).  The court also questioned defendants' decision to produce spreadsheets without also producing, either in paper form or electronically, the underlying information upon which the spreadsheets were based.

In Vagenos v. LDG Financial Services, LLC, 2009 U.S. Dist. Lexis 121490 (E.D.N.Y. Dec. 31, 2009), District Court Judge Brian M. Cogan denied defendant's in limine motion to preclude plaintiff from offering at trial an alleged duplicate recording of an electronically-stored telephone message, but ordered an adverse inference instruction for plaintiff and his counsel's failure to preserve the message.

In Cornwell v. Northern Ohio Surgical Center, ltd., et al., 2009 Ohio 6975 (Ohio App. Dec. 31, 2009), the Ohio Appellate Court affirmed the trial court's ruling permitting plaintiff's experts to make forensic copies of defendants' hard drives.

In CBT Flint Partners, LLC v. Return Path, Inc., et. al., 2009 WL 5159761 (N.D. Ga. Dec. 30, 2009), District Court Judge Thomas W. Thrash overruled plaintiff's objections to defendants' motion to tax costs related to its e-discovery vendor.

In American Legalnet, Inc. v. Davis, et. al., 2009 WL 4796401 (C.D. Cal. Nov. 25, 2009), Magistrate Judge Rosalyn Chapman denied plaintiff's expedited discovery request to inspect and review of certain of defendants' hard drives.

In Debakker v. Hanger Prosthetics & Orthotics East, Inc., et. al., 2009 U.S. Dist. Lexis 116134 (E.D. Tenn. Dec. 14, 2009), District Court Judge Thomas Varlan denied plaintiff's request for sanctions for defendants' failure to preserve medical records and sign-in sheets made in connection with her visit.

In Callan v. Christian Audigier, Inc., 2009 WL 4844422 (C.D. Cal. Oct. 27, 2009), Magistrate Judge Rosalyn Chapman denied defendant's motion to enforce the inadvertent production "clawback" provision of  a protective order, ruling that defendants had failed to meet their burden that the documents were produced inadvertently.

In Maggette, et. al. v. BL Development Corp., et. al., 2009 U.S. Dist. Lexis 116789 (N.D. Miss. Nov. 24, 2009), Magistrate Judge S. Allan Alexander denied plaintiffs' motion for sanctions, but ordered the parties to select a neutral third-party expert in the field of electronic discovery with knowledge of the gaming industry to determine whether defendants met the standards for preservation of electronic evidence and disclosed all relevant evidence.

In Bensel, et. al. v. Allied Pilots Assoc., et. al., 2009 WL 4884052 (D.N.J.), Senior Magistrate Judge Joseph E. Irenas denied plaintiffs' motion for spoliation sanctions for, among other things, defendants' failure to place timely legal holds on the routine destruction of certain documents and electronic data, including back-up tapes.