Are there landmark cases involving e-discovery and digital forensics?

Yes, there are several cases that could be described as landmark cases involving e-discovery and digital forensics.  Although some are being appealed, the following cases are often referred to in talks and articles: 

  • Coleman (Parent) Holdings, Inc. v. Morgan Stanley & Co., Inc., 2005 WL 67071 (Fla. Cir. Ct. Mar. 1, 2005)
  • Ernst v. Merck & Co. [Vioxx case]
  • Rowe Entertainment, Inc. v. William Morris Agency, Inc.
  • State of New York v. Marsh & McLennan
  • United States v. Microsoft [Anti-trust case]
  • United States v. Arthur Andersen, LLP, 374 F.3d 281 (5th Cir. 2004) [Enron case]
  • Worldcom, Inc., Securities litigation case, 2004 WL 1068032 (S.D.N.Y. May 13, 2004)
  • Zubulake v. UBS Warburg, LLC

There will be more important cases until the turmoil of this new field calms down, and the courts offer clear directions.

Of general interest, although not considered a landmark case, the police identified the BTK Killer through the use of digital forensics.