Computer Forensics Docket Sheet

In a discovery dispute, the plaintiff filed an emergency motion with the court to clarify its discovery order concerning the defendants' production of documents. The plaintiff anticipated less than adequate discovery responses from the defendants in responding to the court's order. The plaintiff also expressed concern that the defendants not be permitted to simply produce an unorganized body of electronic or paper records that the plaintiff would then be required to search through to locate documents responsive to particular requests. The defendants claimed that they didn't have to produce the electronic data because during the plaintiff's original seizure of documents, several hard drives and servers belonging to the defendants were damaged, and many documents were lost. The court did not find the defendants' arguments credible; instead, the court noted that the defendants had not produced any evidence to show that the hard drives were damaged and that no information could be gleaned from the drives. The court also cautioned that it could order a computer-forensics examination of the alleged damaged drives to determine whether the defendants were truthful and to establish whether any discoverable information was retrievable. The court also warned that the costs of the examination and sanctions could be imposed on either party, depending on what the investigation revealed. Koninklijke Philips Elec. N.V. v. KXD Tech., Inc., 2007 WL 879683 (D. Nev. Mar. 20, 2007).

Computer Forensics Docket Sheet was written by Michele C.S. Lange, a staff attorney with Kroll Ontrack. Lange has published numerous articles and speaks regularly on the topics of electronic discovery, computer forensics and technology's role in the law. Information in these summaries is taken from the Kroll Ontrack monthly E-Discovery Case Law Update and Computer Forensics newsletters, which may be accessed at http://www.krollontrack.com/. Lange is a member of e-Discovery Law & Strategy's Board of Editors, and can be reached at [email protected].