Key Insight: spoliation jury instructions
Nature of Case: misappropriation of trade secrets
Electronic Data Involved: deleted electronic records
Keywords: spoliation, abuse of discretion, adverse inference, permissive instruction
Key Insight: Whether a search warrant was necessary to ascertain the Defendant’s personal information from a non-governmental third party organization that was forwarded e-mails containing evidence that Defendant possessed child pornography
Nature of Case: criminal prosecution – child pornography
Electronic Data Involved: e-mails, personally identifying information attached to e-email account
Keywords: “The Fourth Amendment to our Constitution protects persons against unreasonable searches and seizures”, “Tolbert moves to suppress”, “Motion to Suppress Evidence”
Key Insight: Attorney’s failure to check metadata for fraud was not sanctionable because it was reasonable to believe the client was telling the truth based on other facts
Nature of Case: Civil rights (police entry)
Electronic Data Involved: Digital photographs (with metadata)
Keywords: metadata, withdrawal, mental illness
Key Insight: Clounsel disqualification for misuse of documents reversed because cloud hosted repository sufficiently destroyed documents
Nature of Case: Breach of contract
Electronic Data Involved: cloud hosted repository
Keywords: disentitlement doctrine, inadvertent disclosure, hosted repository, cloud, counsel disqualification
Key Insight: Undue burden or cost of discovery alleged by defendant.
Nature of Case: antitrust class action
Electronic Data Involved: ESI searches upon 12 custodians
Keywords: Has not made a threshold showing, does not satisfy the rule 26(b)(2)(C) factors.
Key Insight: Due Diligence in searching for requested records and confirming non-existence was sufficient by Defendant to meet Plaintiff’s discovery request; perfect preservation was not required
Nature of Case: Negligence-car accident
Electronic Data Involved: Daily Driving Reports
Keywords: Preservation; Spoilation; Due Diligence
Arbitration matters, and the teams working on them, can often span geographic borders which in turn can present a number of logistical issues. These range from the mundane, such as standard paper/binder sizes, to schedule challenges presented by participants residing in multiple time zones, to what can be the biggest logistical challenge of all: language barriers.
While machine translation technology will not replace the need for certified translations of documents to be used in legal proceedings, it can be a valuable addition to your arsenal. This technology is a practical tool to help streamline the review of documents, reduce costs for clients, and optimize your staffing for international projects.
In the July 2018 edition of K&L Gates Arbitration World, we discuss the benefits, costs, and challenges associated with utilizing machine translation technology. Read the full article here.
Key Insight: Parties cannot use the parts of allegedly work product matter helpful to their case and withhold the rest
Nature of Case: Endangered species act enforcement
Electronic Data Involved: audio, video, photos
Keywords: attorney work product, fact work product,
Key Insight: Whether discovery of requested records is relevant and proportional, whether privilege as regards medical records is waived when a plaintiff puts his/her medical condition at issue
Nature of Case: ADA disability discrimination
Electronic Data Involved: medical and financial records
Keywords: relevant, proportional, ADA, privilege, admissibility, mental condition
Key Insight: Privilege waived after failure to provide sufficient descriptions on privilege log
Nature of Case: Securities Fraud
Electronic Data Involved: E-mails
Keywords: Privilege log, waiver
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