Case Law

Recent Law Citing ESI and Backup Tape Discovery


Goshawk LTD & Kite LTD v. American Viatical Services LLC
(ND GA, December 8, 2009)

Index Engines cited as the technology used in the Search and ESI Retrieval Procedure to collect responsive ESI from backup tapes.

Kilpatrick v. Breg, Inc., 2009
(S.D. Fla. June 22, 2009)

The court ordered production of disaster recovery backup tapes, despite defendant's argument that ESI on the tapes was not reasonably accessible.

Phillip M. Adams & Associates, L.L.C., v. Dell, Inc.
(D.Utah March 30, 2009).

Sanctions ordered for ESI spoliation because ASUS did not implement a litigation hold and start preserving email until start of the litigation even though there was a known issue.

Qualcomm Inc. v. Broadcom Corp.
(S.D. Cal. Jan. 7, 2008)

Plaintiff was ordered to pay $8.5 million in attorney fees and costs.