Key Insight: no intentional destruction of evidence, mere negligence in not maintaining record of accidents in Qualcomm/PeopleNet
Nature of Case: negligence, loss of consortium, punitive damages
Electronic Data Involved: Qualcomm data, PeopleNet server data
Keywords: Spoliation
Key Insight: Court said 37(e) doesn’t apply when recording was intentionally deleted. Adverse inference granted for plaintiff’s deletion of an audio tape, despite its subsequent recovery and production from a hard drive backup.
Nature of Case: sexual harassment at work
Electronic Data Involved: audio tape, hard drive backup
Keywords: adverse inference, over-preservation concerns
Key Insight: Intentionally deleting ESI is different from failing to preserve and falls under a court’s inherent authority, not FRCP 37(e).
Nature of Case: Sexual harassment
Electronic Data Involved: Recorded conversation
Keywords: Spoliation sanctions, recording, DFS, department of financial services
Key Insight: whether production of a random sample is appropriate when full review unduly burdensome
Nature of Case: False Claims Act
Electronic Data Involved: patient records
Keywords: random sample, undue burden, statistical sample, prejudice, TAR
Key Insight: Conduct discovery in good faith; Maintain a civil tone in communications; Purge of emails
Nature of Case: Employment Discrimination
Electronic Data Involved: ESI; email; SMS; Text messages
Keywords: Good Faith; Proportionality; Meet and confer; Rule 16 – Scope of discovery; Purge of emails; Complete breakdown of discovery
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