Blog entries - May 2008

A/C Privilege Waived Where Counsel Does Limited Doc. Review

clynn

In Victor Stanley Inc. v. Creative Pipe, Inc., MJG-06-2662 (D. Md. May 29, 2008), the court ruled that defendants had waived the attorney-client privilege to 165 electronically stored documents inadvertently produced by defendants. Defendants took a two tiered approach to reviewing potentially privileged documents. First, defendants used seventy (70) keyword-search terms to conduct a privilege review of electronically stored information. However, a great majority [...]

Court Dismissed Criminal Case For Prosecutor's Delay in Producing Ediscovery

clynn

In U.S. v. Graham, 2008 WL 2098044 (S.D.Ohio May 16, 2008), the Court granted defendants' motion to dismiss a criminal indictment on the grounds that their rights under the Speedy Trial Act were violated due to the prosecutor's delay in producing electronic discovery. The court noted that the case was particularly complex due to an "unprecedented volume of discovery turned over by the government - approximately 1.5 million documents, 300 videotapes, 500 recorded conversations [...]

RCA Joins EDRM

admin

Ryley Carlock and Applewhite's Document Control Group is the newest member of the Electronic Discovery Reference Model Project. EDRM was created to develop resources and best practices for e-discovery consumers and providers. The group, formed in 2005, created an EDRM working model which outlines the essential processes and key steps involved in e-discovery. EDRM is currently working on a standard platform to help e-discovery consumers and providers reduce the costs associate [...]

Movie Studios Awarded $111 Million But Can they Collect?

clynn

In Columbia Pictures v. Bunnell No. 2:06-cv-01093 FMC-JCx., the motion picture studios walk away with a $111 million judgment for copyright infringement against the now defunct file-sharing web site TorrentSpy.com. The judgment, filed this week in U.S. District Court in Los Angeles, fined Valence Media, LLC, the web site operator, $30,000 per violation for over 3,400 movie and tv show downloads. Valance has reportedly filed for bankruptcy protection in the United Kingdom and is see [...]

Embattled Detroit Mayor Braces as More Text Messages Released

clynn

According to published reports, Detroit Mayor Kwame Kilpatrick and his former chief of staff Christine Beatty continue to deny an intimate relationship as more damaging text messages between the two are released to the public. Many of the emails sent in 2002 and 2003 allegedly provide further evidence that the two discussed their intimate relationship, possible marriage and the forced ouster of a police officer investigating the pair. In a September 2002 message, Beatty wrote, " [...]

You Can Run, But You Cannot Hide!

clynn

In In re Krause, 2008 WL 1805508 (Bkrtcy.D.Kan. April 21, 2008), the bankruptcy court entered judgment in favor of the Government after finding that Gary Krause engaged in a "decades-long scheme" to keep all of his assets out of his own name while enjoying the benefits of those assets, including wiping computer hard drives. Early in the course of discovery, the Government served requests for production of documents on Krause seeking information residing on Krause's compute [...]