In re Maura, 2007 WL 2231386 (N.Y.Sur.Ct. June 28, 2007)
In a suit to determine her entitlement to her decedent husband’s estate in spite of their prenuptial agreement, the respondent sought discovery from the non-party attorney and his firm who drafted the agreement. She sought access to the attorney’s computer for records of billing and all existing and deleted records concerning the prenuptial agreement. The attorney argued attorney-client privilege with regard to other information on the computer and offered the firm’s backup tapes in the alternative. The court held that the backup tapes were insufficient as they would lack deleted and altered records and ordered the attorney’s hard drive to be imaged. The court ordered the attorney to choose a computer forensic expert to submit a cost proposal for the imaging. The attorney should then forward a copy of the proposal to the respondent, at which time she would determine if she was willing to go forward with or without the information.

Etzion v. Etzion
The court granted plaintiff's motion to allow examination of defendant's computer with certain limitations imposed to protect defendant's privileged and non-relevant materials.

Rowe Entertainment, Inc. v. The William Morris Agency, Inc.
Land mark case that set the initial standards for cost/burden shifting in cases that involved e-discovery and computer forensics.

Zubulake v. UBS Warburg, LLC l
Zubulake v. UBS Warburg, LLC lll
Zubulake v. UBS Warburg, LLC lV
Zubulake v. UBS Warburg, LLC V
The Zubulake case is a must read. This case covered many of the challenges surrounding electronic discovery. It further addressed the issues of cost/burden shifting.

Zakre v. Norddeutsche Landesbank Girozentrale l
Zakre v. Norddeutsche Landesbank Girozentrale ll
The court defined an acceptable standard when responding to a discovery request when the documents requested from the responding party were ultimately provided to the requesting party on a CD.