Preservation
ESI Disputes in the Oracle-Google Android Litigation
Last week’s docket in the Oracle-Google patent/copyright infringement litigation saw a flurry of activity, including two jointly-filed letters to the court involving ESI-related disputes (both dated Aug. 5, 2011: one was filed on Aug. 5, the other on Aug. 6).
- One letter summarizes the status of various discovery disputes.
- The second letter embodies Oracle’s motion to compel Google to produce/re-produce multiple versions of an internal Google email that may be relevant to Oracle’s claims of willful infringement. The motion covers a total of 12 documents (10 drafts of the email and two copies of the email that was ultimately sent), nine of which Google produced and subsequently clawed back under a claim of privilege. (more…)
Tags: Automated privilege screen, Autosaves, Clawback, ESI format, ESI stipulation, FRE 502, Inadvertent production, Motion to compel, Near-dupes, Preservation, Privilege, Privilege log, Privilege waiver, Proportionality, Protective order
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To Preserve and Protect
Whether based on the common law, statutes/regulations or otherwise, the obligation to preserve potentially relevant documents is an important component of the U.S. judicial system and a key (and early) piece of the eDiscovery process. All too frequently, however, it is also the source of confusion, significant costs, intrusion into (and disruption of) business and personal affairs, and a wide range of sanctions. With that in mind, let’s take a brief look at recent developments touching on the duty to preserve.
Topics:
1. Gibson Dunn 2011 Mid-Year eDiscovery Update
2. Micron v. Rambus/Hynix v. Rambus
3. American National v. Campbell Insurance
4. E. I. du Pont de Nemours v. Kolon Industries
5. Civil Rules Advisory Committee
6. News Corporation, New York Post et al.
Tags: Backup tapes, Bad faith, Civil Rules Advisory Committee, Default judgment, Forensic analysis, Litigation hold, Preservation, Preservation trigger, Sanctions, Sanctions - adverse inference, Spoliation, Unallocated space
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