King v. Fleming, No. 17-3095 (10th Cir. Aug. 15, 2018)
Key Insight: Sanctions were appropriate for a fraudulently edited email entered into evidence
Nature of Case: Judge removal
Electronic Data Involved: E-mails
United States v. Tennessee Walking Horse Breeders’ and Exhibitors’ Association, No. 17-5925 (6th Cir. March 8, 2018)
Key Insight: Provide only the information requested, especially if it is simple database records, additional work will not be compensated
Nature of Case: Horse Protection Act
Electronic Data Involved: Database records
Triumph Controls UK Ltd & Anor v. Primus International Holding Co & Ors, [2018] EWHC 176 (TCC)
Key Insight: Reduction of file search space can be proportional, use of CAR should be well documented and disclosed to opposing counsel
Nature of Case: Business M&A
Electronic Data Involved: Electronic records searched through computer assisted review (CAR)
The Physicians Alliance Corporation v. Wellcare Health Insurance of Arizona, Inc, et al., No. 3:16-cv-00203-SDD-RLB (M.D. La. Feb. 27, 2018)
Key Insight: Discovery costs must be proportional to the amount in controversy ($20 million in dispute allows for at least $13,000 in discovery costs)
Nature of Case: Contract breach
Electronic Data Involved: Electronic documents/communications
Steves and Sons, Inc. v. JELD-WEN, Inc., No. 3:16-cv-00545-REP (E.D. Va. May 1, 2018)
Key Insight: Spoliation sanctions must remedy the harm caused by the loss, and if documents are produced there is little loss
Nature of Case: Intellectual Property (Trade secrets)
Electronic Data Involved: E-mail
Motorola Solutions, Inc. v. Hytera Communications Corp., No. 1:17-cv-01973 (N.D. Ill. May 17, 2018)
Key Insight: Discovery should be proportional and limited to the issue
Nature of Case: Intellectual Property (trade secrets)
Electronic Data Involved: All electronic data
In re Modern Plastics Corp. v. New Products Corp., No. 17-2256 (6th Cir. Apr. 26, 2018)
Key Insight: Attorney’s fees for unduly burdensome third party subpoenas are compensated
Nature of Case: Trusts and estates
Electronic Data Involved: Emails
In Re Domestic Airline Travel Antitrust Litigation, MDL Docket No. 2656, Misc. No. 15-1404 (CKK) (D.D.C. Sept. 13, 2018)
Key Insight: Motion for Extension of Time to Complete Discovery, unforeseen or unanticipated matters.
Nature of Case: Unlawful restraint of trade class action
Electronic Data Involved: 3.5 million predominantly non-responsive documents produced by defendant, predictive coding.
Epac Technologies, Inc. v. HarperCollins Christian Publishing, Inc., f/k/a Thomas Nelson, Inc., No. 3:12-cv-00463 (M.D. Tenn. March 29, 2018)
Key Insight: Gross negligence does not necessarily prove intent on loss of electronic documents
Nature of Case: Contract
Electronic Data Involved: Warehouse data, e-mails
De Simone v. VSL Pharms., Inc., No. 8:15-cv-01356-TDC (D. Md. March 16, 2018)
Key Insight: Intentional spoliation but with no bad faith and little prejudice leads to only costs and fees sanctions
Nature of Case: Intellectual property
Electronic Data Involved: Electronic documents