Key Insight: Documents in plaintiff’s girlfriend’s possession could not be compelled, because the girlfriend refused to produce them.
Nature of Case: Civil Rights action
Electronic Data Involved: documents held by third party
Keywords: practical ability test, proportionality, third party subpoena
Key Insight: Sanctions inappropriate because video was made available well before trial
Nature of Case: False arrest, excessive force
Electronic Data Involved: video
Keywords: lack of evidentiary support, surveillance video
Key Insight: Whether deleted ESI and destroyed notebooks were relevant and, if so, whether there is sufficient evidence to find that spoliation was intentional or resulted in prejudice; whether sanction of reasonable costs is appropriate
Nature of Case: contract dispute
Electronic Data Involved: deleted e-mail, deleted electronic records, hard-copy notebooks
Keywords: spoliation, sanctions, notebook, litigation hold, bad faith, prejudice, deleted, legal hold, negligence, retention policy, backups
Key Insight: Whether FRE 502 applies, whether production was inadvertent, interplay between FRE 502 and clawback agreement, whether production was completely reckless, specificity requirements of clawback agreement
Nature of Case: breach of contract
Electronic Data Involved: e-mail
Keywords: reckless, clawback agreement, waiver, privilege, inadvertent production, court order, log
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