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Analog Devices, Inc. v. Michalski, 2006 NCBC 14
STATE OF NORTH CAROLINA COUNTY OF GUILFORD ANALOG DEVICES, INC., Plaintiff, v. CHRISTOPHER MICHALSKI, KIRAN KARNIK AND MAXIM INTEGRATED PRODUCTS, INC., Defendants. IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 01 CVS 10614 ORDER AND OPINION {1} This matter is before the Court on Defendants’ Motion to Compel. Defendants have requested that Plaintiff produce…
Read MoreZubulake v. UBS Warburg, ZUBULAKE 5
Commenting on the importance of speaking clearly and listening closely, Phillip Roth memorably quipped, “The English language is a form of communication! . . . Words aren’t only bombs and bullets — no, they’re little gifts, containing meanings!”1 What is true in love is equally true at law: Lawyers and their clients need to communicate…
Read MoreZubulake v. UBS Warburg, ZUBULAKE 4
“Documents create a paper reality we call proof.” The absence of such documentary proof may stymie the search for the truth. If documents are lost or destroyed when they should have been preserved because a litigation was threatened or pending, a party may be prejudiced. The questions presented here are how to determine an appropriate…
Read MoreZubulake v. UBS Warburg, ZUBULAKE 3
On May 13, 2003, I ordered defendants UBS Warburg LLC, UBS Warburg, and UBS AG (collectively “UBS”) to restore and produce certain e-mails from a small group of backup tapes. Having reviewed the results of this sample restoration, Laura Zubulake now moves for an order compelling UBS to produce all remaining backup e-mails at its…
Read MoreZubulake v. UBS Warburg, ZUBULAKE I,
The world was a far different place in 1849, when Henry David Thoreau opined (in an admittedly broader context) that “[t]he process of discovery is very simple.”1 That hopeful maxim has given way to rapid technological advances, requiring new solutions to old problems. The issue presented here is one such problem, recast in light of…
Read MoreFederal Trade Commision – Staff Workshop Report: Technologies for Protecting Personal Information, 2003
Benchmarks and Standards Panelists discussed the extent to which benchmarks and standards can help provide guidance to industry on the effective management of privacy issues. In particular, such standards have been valuable in providing guidance on how to develop effective security programs. Several industry groups outlined policy initiatives or programs to promote better information security.…
Read MoreKnow What to Ask – Ensuring a Successful E-Discovery Request
Electronic discovery may be at the crux of a case in proving the culpability of the opposing party but when the requesting party is not careful in their request for electronic evidence, they could face the possibility of losing key information that would have otherwise provided a favorable resolution to their case. When requesting electronic…
Read MoreComputer Evidence Recovery Plan
Preface and Methodology A court order may authorize the seizure of a computer so that evidence may be extracted from the computer’s hard drive. This paper outlines five phases required to recover computer evidence data. By following the outlined procedure one would minimize the chance that the extracted evidence could be compromised. To insure the…
Read MoreE-Discovery Opens a New World in Drug Litigation
As most large pharmaceutical companies face dozens of lawsuits at any given time, the rapid growth of electronic documents and e-mail has opened up the new legal frontier of electronic document discovery (EDD). Recent cases have made plain that plaintiffs’ attorneys will attempt any legal maneuver to gain access to drug companies’ internal electronic documents…
Read MoreWhat is Forensic Hard Drive Imaging?
What is Forensic Hard Drive Imaging? When a computer is identified as possibly containing electronic evidence, it is imperative to follow a strict set of procedures to ensure a proper (i.e. admissible) extraction of any evidence that may exist on the subject computer. The first thing to remember is the “golden rule of electronic evidence”…
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