Key Insight: ESI “willfully discarded or deleted”
Nature of Case: Alleged violations of the electronic Communications Privacy Act against defendants accused of stealing plaintiff’s clients and confidential information.
Electronic Data Involved: defendant’s iPhone, laptop and external hard drive
Keywords: adverse-inference instruction, forensic examination of a flash drive.
Key Insight: Is expedited discovery warranted, and how extensive can Twitch seek discovery on the bot company. Are the non-respnding defendants’ financial informations avle to be discovered?
Nature of Case: Trademark, Contract, unfair competition, cybersquatting
Electronic Data Involved: financial/billing information
Keywords: Immediate discovery, video games, internet, third party discovery
Key Insight: The loss of surveillance video was unrelated to defendant’s liability, so spoliation determination was unnecessary
Nature of Case: 8th Amendment
Electronic Data Involved: video
Keywords: failure to preserve ESI,
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