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Timing is Still Everything: Motion for Spoliation Sanctions Denied as Untimely : Electronic Discovery Law

August 7, 2011 By Leave a Comment

Am. Nat’l Prop. & Cas. Co. v. Campbell Ins., Inc., No. 3:08-cv-00604, 2011 WL 3021399 (M.D. Tenn. July 22, 2011)

In this case, the court denied plaintiff’s Motion for Sanctions for Spoliation of Evidence as untimely, citing the facts that it had been 14 months since the alleged spoliation was discovered, that discovery had already closed, and that trial was weeks away.  In reaching its conclusion, the court relied heavily on the summary of the law regarding the timeliness of spoliation motions laid out by the court in Goodman v. Praxair Servs., Inc., 632 F. Supp. 2d 494 (D. Md. 2009).

Plaintiff learned in May 2010 that defendants had failed to preserve certain emails from a particularly relevant time period which plaintiff believed would have contained “damning” evidence of defendants’ efforts to solicit plaintiff’s customers in violation of their non-compete obligations.  Despite its belief that spoliation had occurred, plaintiff waited until July 6, 2011 to file a motion for sanctions.  By that time, discovery had closed, the deadline for filing discovery motions had passed, and trial was weeks away.

via Timing is Still Everything: Motion for Spoliation Sanctions Denied as Untimely : Electronic Discovery Law.

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US approves Blackberry PlayBook for federal government worker use – The China Post

July 22, 2011 By Leave a Comment

Blackberry’s PlayBook electronic tablet has been approved for use in all U.S. federal government agencies, becoming the first tablet to get certified, developer Research in Motion (RIM) said Thursday.

The Waterloo, Canada-based RIM said its PlayBook, which has an 18-centimeter (seven-inch) high definition screen, received Federal Information Processing Standard certification, which is delivered by the National Institute of Standards and Technology.

via US approves Blackberry PlayBook for federal government worker use – The China Post.

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Court Grants Motion to Compel, Orders Forensic Imaging of Defendants’ Computers : Electronic Discovery Law

June 9, 2011 By Leave a Comment

Weatherford U.S., L.P. v. Innis, No. 4:09-cv-061, 2011 WL 2174045 (D.N.D. June 2, 2011)

Plaintiff alleged that a former employee had downloaded its confidential information and used it to “jump start” his own competing company.  Defendant Innis acknowledged that he had downloaded the information, but denied accessing or using it as plaintiff alleged.  Forensic examination of the thumb drive containing the downloaded information contradicted his claims.  Thereafter, plaintiff filed a motion to compel production of  materials previously identified in a subpoena duces tecum and, “to minimize disruption to defendants’ operations and alleviate their concerns about the disclosure of privileged communications,” proposed that an expert of plaintiff’s choosing be allowed to image defendants’ computers at plaintiff’s expense, and that defendants be allowed to screen the imaged documents prior to their production.  Citing Innis’s acknowledgment that he had copied plaintiff’s confidential information and evidence that he had accessed it thereafter, the court granted plaintiff’s motion to compel.

Late in the evening on the day he was terminated, Innis returned to plaintiff’s offices, logged onto the intranet site, and downloaded a number of files onto a thumb drive.  Approximately two weeks later, Innis formed a new, competing oil services company.  Plaintiff filed suit.  Although Innis acknowledged accessing and downloading plaintiff’s files, he claimed that “he did not later open or go through” them.  Plaintiff’s expert’s examination of the original thumb drive contradicted those claims, however.  Thereafter, in furtherance of its motion to compel production of previously subpoenaed documents, plaintiff sought access to defendants’ computers.  Specifically, plaintiff proposed that a forensic expert of its choice be permitted to create a forensic image of defendants’ computers at plaintiff’s expense and that defendants be given an opportunity to review the imaged documents for privilege, etc. before production to plaintiff.  Defendants objected or, in the alternative, proposed that a mutually agreed upon expert be retained “for the court’s benefit” to “shepherd the imaging of computers and the dissemination of any documents obtained.”

via Court Grants Motion to Compel, Orders Forensic Imaging of Defendants’ Computers : Electronic Discovery Law.

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DailyTech – RIM Unveils BlackBerry 4G PlayBook Tablet for Sprint

January 6, 2011 By Leave a Comment

WiMax-enabled tablet heading for Sprint this summer

By now, we’ve heard all about Research In Motion’s upcoming tablet, the BlackBerry PlayBook, as well as the pressure on RIM to make it a successful device, and the alleged battery and OS issues that have marred its pre-release reputation. What we didn’t know was that a 4G version of the PlayBook is heading Sprint’s way.

Sprint made the news official today, in an early morning press release that said the 4G model “will be the first BlackBerry PlayBook model to include wide area wireless connectivity.”

“Together with Sprint, we are now building on that performance advantage with 4G and providing an unparalleled mobile experience for users,” said Mike Lazaridis, President and Co-CEO at Research In Motion, in the press release.

While no pricing for the device was given, the new model is expected to hit Sprint this summer. And while it is a different iteration, it will bear most of the same specs as the non-4G PlayBook: a 1GHz dual-core processor, 1 GB RAM, the new BlackBerry Tablet OS (based on QNX); and support for Adobe Flash 10.1, Adobe Mobile AIR, and HTML-5.

via DailyTech – RIM Unveils BlackBerry 4G PlayBook Tablet for Sprint.

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Asus Adapts Kinect Motion Technology to PC | News & Opinion | PCMag.com

January 3, 2011 By Leave a Comment

Asus is collaborating with the inventors of Kinect’s motion-sensing depth technology to bring a similar PC-based 3D experience to your living room.

The WAVI Xtion multi-media system will debut at CES this week, but won’t be commercially available until Q2 2011, Asus said in a press release.

According to Asus’ statement, users will be able to browse multimedia content, access the Internet and social networks, and enjoy full body interaction “in a more user-friendly and natural living room experience.”

Wavi Xtion uses technology from Tel Aviv-based PrimeSense, inventor of the Immersive Natural Interaction technology used to create the Microsoft Kinect’s controller-free interaction experience. In June, PrimeSense said that the technology may move to PCs.

“ASUS combines its wireless cross-room solution with PrimeSense’s simple, intuitive, gesture-based control technology to allow users to enjoy and share PC content on TV with gestures,” said Kent Chien, general manager of Asus, in a statement.

via Asus Adapts Kinect Motion Technology to PC | News & Opinion | PCMag.com.

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Finding No Duty To Preserve, Court Denies Motion for Sanctions : Electronic Discovery Law

November 20, 2010 By Leave a Comment

Huggins v. Prince George’s Cnty, 2010 WL 4484180 (D. Md. Nov. 9, 2010)

In this litigation arising from a dispute between plaintiff, a landowner, and the County regarding the plaintiff’s use of her land, the court found that the defendant was not subject to sanctions for the destruction of a former employee’s email pursuant to County policy where no duty to preserve existed at the time of their destruction.

Plaintiff operated an automobile wholesaling facility on her property.  In October 2002, the Department of Environmental Resources cited plaintiff alleging that she was conducting certain activities without a permit.  Efforts to resolve the violations ensued.  In September 2004 plaintiff filed a Maryland Public Information Act (MPIA) lawsuit against the County.  In July 2006, that lawsuit settled.  The settlement agreement expressly stated that plaintiff did not waive the right to file future actions unrelated to the MPIA issues.  Meanwhile, her permitting and use dispute with the County continued and her property was eventually padlocked.  In March 2007 plaintiff filed suit alleging violations of her substantive due process rights, among other things.

In the course of discovery, plaintiff sought production of emails and a paper file from Alfonso Cornish, Deputy Chief Administrative Officer for Governmental Operations and Environmental Services, Office of the County Executive.  The County informed her that Cornish was no longer with the County and that his email account had been deleted from the archives on or about September 16, 2007 in accordance with County policy.  Likewise the requested paper file could not be located.  Plaintiff’s motion for sanctions was denied by the Magistrate Judge but the County was fined $2000 “as a reprimand for their time-wasting behavior” where the County was “not forthcoming about the status of the emails but was not guilty of spoliation.”  Plaintiff objected and sought to modify the order.

Taking up the issue, the District Court first noted plaintiff’s failure to seek discovery holds with regards to Cornish in either the MPIA or the present lawsuit and that while Cornish had been aware of the actions taken by the County toward the plaintiff (namely padlocking her property), the individuals making those decisions “had independent authority to do so without Cornish.”

via Finding No Duty To Preserve, Court Denies Motion for Sanctions : Electronic Discovery Law.

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RIM to Sell Tablet for Less Than $500 to Take on IPad – BusinessWeek

November 10, 2010 By Leave a Comment

Research In Motion Ltd., the maker of the BlackBerry smartphone, said it will begin selling a tablet computer in North America in the first quarter for “under” $500 as it takes on Apple Inc.’s iPad.

“The product will be very competitively priced,” Co-Chief Executive Officer Jim Balsillie said in an interview in Seoul today, declining to be more specific. Sales of the BlackBerry Playbook, unveiled in September, will expand globally from the second quarter, he said. The iPad starts at $499.

RIM, Hewlett-Packard Co., Samsung Electronics Co. and Motorola Inc. are seeking to build tablet computers after the introduction of the iPad triggered demand for devices that can fill the gap between smartphones and laptops. Apple sold 3 million iPads in the first 80 days after the device’s April debut, eclipsing sales of its iPod music player.

Waterloo, Ontario-based RIM is trying to differentiate itself from Apple and other tablet makers by stressing the ability of its PlayBook tablet to handle Adobe Systems Inc.’s Flash technology that underpins much of the video content on the Internet. The iPad doesn’t run Flash video or animation.

via RIM to Sell Tablet for Less Than $500 to Take on IPad – BusinessWeek.

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RIM to Sell Tablet for Less Than $500 to Take on IPad – BusinessWeek

November 10, 2010 By Leave a Comment

Research In Motion Ltd., the maker of the BlackBerry smartphone, said it will begin selling a tablet computer in North America in the first quarter for “under” $500 as it takes on Apple Inc.’s iPad.

“The product will be very competitively priced,” Co-Chief Executive Officer Jim Balsillie said in an interview in Seoul today, declining to be more specific. Sales of the BlackBerry Playbook, unveiled in September, will expand globally from the second quarter, he said. The iPad starts at $499.

RIM, Hewlett-Packard Co., Samsung Electronics Co. and Motorola Inc. are seeking to build tablet computers after the introduction of the iPad triggered demand for devices that can fill the gap between smartphones and laptops. Apple sold 3 million iPads in the first 80 days after the device’s April debut, eclipsing sales of its iPod music player.

Waterloo, Ontario-based RIM is trying to differentiate itself from Apple and other tablet makers by stressing the ability of its PlayBook tablet to handle Adobe Systems Inc.’s Flash technology that underpins much of the video content on the Internet. The iPad doesn’t run Flash video or animation.

via RIM to Sell Tablet for Less Than $500 to Take on IPad – BusinessWeek.

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UPDATE: RIM: Can’t Discuss Confidential UAE Agreement – WSJ.com

October 8, 2010 By Leave a Comment

Following a deal with the United Arab Emirates to avert a ban of key BlackBerry services, Research In Motion Ltd. (RIMM) said Friday that it can’t discuss the details of confidential regulatory matters in specific countries.

The U.A.E. ban would have come into effect Monday, but Friday its government said that Blackberry services “are now compliant with the U.A.E.’s telecommunications regulatory framework,” and that a “regulatory compliant solution” has been “applied.”

Waterloo, Ont.-based RIM said in a brief statement that it continues to approach lawful access matters internationally within the framework of core principles that it issued in mid-August.

Details of the solution between RIM and UAE couldn’t immediately be learned.

via UPDATE: RIM: Can’t Discuss Confidential UAE Agreement – WSJ.com.

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Court Grants Motion to Strike Privileged Email Inadvertently Sent to Opposing Counsel Using “Reply All” : Electronic Discovery Law

October 6, 2010 By Leave a Comment

Charm v. Kohn, 2010 WL 3816716 (Mass. Super. Sept. 30, 2010)

In this case, as the result of using the “reply all” function, defendant inadvertently sent a privileged communication to opposing counsel.  Twenty-eight minutes later, defendant’s counsel sent an email to opposing counsel demanding the email be deleted.  Opposing counsel refused.  Addressing the issue of possible waiver, the court found that defendant and his counsel had taken reasonable steps to preserve confidentiality and granted defendant’s motion to strike the email, which had been attached as an exhibit to an opposition to summary judgment.

Defense counsel sent an email to opposing counsel with a cc to his co-counsel and a bcc to his client.  When responding, defendant used the “reply all” function, thus sending the clearly privileged communication to opposing counsel as well as his own.  Upon realizing his client’s error, defense counsel demanded that opposing counsel delete the email.  Opposing counsel refused.  Thereafter, defense counsel took no further action until the email appeared as an exhibit to an opposition to summary judgment.

Defendant sought to strike the email.  Taking up the issue, the court noted that the issue of inadvertent disclosure in electronic discovery had “received considerable attention” and identified an emerging consensus in law in that context that “a client does not lose the benefit of the attorney-client privilege for an otherwise privileged communication through inadvertent disclosure if the client proves that he and his counsel took reasonable steps to preserve the confidentiality of that particular communication.”  In the present case, the court found the same standard applicable.

via Court Grants Motion to Strike Privileged Email Inadvertently Sent to Opposing Counsel Using “Reply All” : Electronic Discovery Law.

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