Key Insight: relevance, proportionality, undue burden, relative access
Nature of Case: contract dispute
Electronic Data Involved: sweeping document request
Keywords: motion to quash, defunct entity, third party subpoena
Key Insight: Producing illegible, blurry, or documents in an obscure file format may require reproduction of legible versions of the documents and the costs of the motion to compel that production are on the at-fault party
Nature of Case: Contract dispute
Electronic Data Involved: Electronic documents
Keywords: Quality, blurry, black and white, color, mbox
Key Insight: Fourth Amendment, state actor, criminal activity
Nature of Case: unemployment insurance fraud
Electronic Data Involved: text messages, images
Keywords: Civil capacity, cell phone, insurance investigation,
Key Insight: objection that requests are not relevant because requesting party’s defense is meritless is sanctionable
Nature of Case: interception of communication, defamation
Electronic Data Involved: email, text messages, calendars
Keywords: improper objection sanctioned
Key Insight: Plaintiff produced cast majority of document after discovery cutoff. Court ruled that this warranted sanctions and excluded them from using those document, jury instruction , excluded their expert testimony and awarded attorneys fees to defendant.
Nature of Case: Breach of Contract
Electronic Data Involved: Cash Transaction Records
Keywords: Sanctions, production after deadline, expert opinions
Key Insight: spoliation
Nature of Case: Fair Labor Standards Act, retaliation
Electronic Data Involved: mobile phone data, text messages
Keywords: spoliation, sanctions, preservation, reasonable steps, intent to deprive, negligence
Key Insight: Request to reproduce documents in a format conforming to rules is not unreasonable, native (usual course of business) format does not entitle a party to all metadata (must be requested specifically)
Nature of Case: Insurance coverage litigation
Electronic Data Involved: Electronic documents (metadata)
Keywords: PDF, native, format, usual course of business, metadata
Key Insight: propriety of video deposition, privilege, scope of discovery
Nature of Case: challenge to Kansas documentary proof of citizenship law
Electronic Data Involved: video deposition
Keywords: protective order, joint proposal, video deposition, sanctions, confidentiality
Key Insight: Direct inspection of mobile devices for specific information (browsing history/cookies) or the full web browsing history/cookies is not proportional to matters regarding a single company’s websites
Nature of Case: Data privacy
Electronic Data Involved: Cookies, internet history
Keywords: zombie cookie, Verizon, respawn, orwellian irony
Key Insight: With prior notive, any party can specify another method of recording testimony than was in the original notice
Nature of Case: Admiralty action
Electronic Data Involved: Videotaped deposition
Keywords: Protective orders, EU,
Copyright © 2022, K&L Gates LLP. All Rights Reserved.