Key Insight: Boilerplate objections did not allow court to determine and defendants ordered to produce all documents withheld on basis of boilerplate objections.
Nature of Case: Copyright infringement
Electronic Data Involved: Financial Records, Responses to Questions
Keywords: boilerplate objections
Key Insight: Plaintiff performed “factory reset” on phone, deleting videos; Plaintiff had sent to EEOC, but could not produce e-mail; Was not enough for sanction of dismissal
Nature of Case: Employment Discrimination
Electronic Data Involved: Cell Phone Video
Keywords: Negligent Spoilation; Perjury; Sanctions
Key Insight: A party’s late disclosure of evidence (while using it as the basis of their own expert opinion) justifies exclusion of that evidence
Nature of Case: Certified class action
Electronic Data Involved: audiovisual recordings, data logs
Keywords: late disclosure, exclusion sanctions, expert discovery cutoff, fact discovery, untimeliness
Key Insight: Non-party status is significant factor in proportionality analysis, must demonstrate ‘significant expense’ before receiving protection
Nature of Case: Racketeering, Consumer Protection
Electronic Data Involved: Deposition
Keywords: Deposition, transfer, removal, proportionality
Key Insight: Car dealers had requested all records produced to government agencies. Court ruled that was too broad and should make more specific requests for production.
Nature of Case: Fraud
Electronic Data Involved: Documents produced to government agencies
Keywords: Reasonable particularity, subject-matter-specific-requests, scope
Key Insight: Privilege is not necessarily waived by using employer provided email (four factor test)
Nature of Case: Employment
Electronic Data Involved: Emails
Keywords: personal use, active monitoring,
Key Insight: Plaintiffs were trying to provide invoices that should have been part of their initial disclosures months after the deadline with no proof of good reasoning for it being late.
Nature of Case: unpaid attorneys fees, breach of contract
Electronic Data Involved: Untimely produced evidence
Keywords: untimely, disclosures, late discovery
Key Insight: Terminating sanctions for alleged email spoliation is premature without compelling the documents 1st
Nature of Case: copyright infringement
Electronic Data Involved: deleted emails
Keywords: software copyright, accelerated email retention policy, terminating sanctions
Key Insight: whether the US could discover communications and documents regarding a non-testifying expert’s valuation of IP in question
Nature of Case: intellectual property (IP)
Electronic Data Involved: e-mail, documents
Keywords: non-testifying expert
Identified Local Court Rule(s): RCFC 26(c); RCFC 45(d)(3)
Key Insight: relevance of search terms, proportionality
Nature of Case: breach of contract, trade secrets
Keywords: sanctions, motion to compel, search terms, third-party subpoenas, personal capacity, proportionality, attorney’s fees, current version, pending motion for protective order
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