Key Insight: Phone in Wife’s name did not prevent Plaintiff from being able to produce records that Plaintiff’s claim made relevant
Nature of Case: Employment Dispute
Electronic Data Involved: Cell Phone Records
Keywords: cell phone, records in spouse’s name
Key Insight: disclosure of public posts, accessible to only specified recipients, 18 U.S.C. ? 2701 (Stored Communications Act)
Nature of Case: Murder
Electronic Data Involved: social media of prosecution witness
Keywords: deleted posts, public, private, Stored Communications Act, Facebook, Twitter, Instagram, implicit consent
Key Insight: Preservation orders should be commenced as soon as possible
Nature of Case: Discovery
Electronic Data Involved: E-mail
Keywords: Litigation hold, Preservation, Sanctions
Identified State Rule(s): North Carolina Rules of Civil Procedure 26(g), 37(b)(2)
Key Insight: Whether Plaintiffs have the right to review a database to determine if it is truly duplicative to what has already been produced.
Nature of Case: Housing discrimination
Electronic Data Involved: duplicative database, “Victor database”
Keywords: Database, duplicative, duplicate, Broad request
Key Insight: Retention policy; Summary Judgment; Adverse inference; Spoliation
Nature of Case: Slip and Fall
Electronic Data Involved: ESI; Security video; Correspondence
Keywords: Retention policy; Summary Judgment; Adverse inference; Spoliation; Bad Faith
Key Insight: Terminating case is an appropriate sanction if there’s bad faith pre-litigation conduct
Nature of Case: corporate self dealing
Electronic Data Involved: Documents
Keywords: sanctions, terminate case, misconduct, bad faith
Key Insight: Intentional deletion of accounts does not lead to prejudice if the data is still accessible, but does lead to an adverse inference when the data is not
Nature of Case: Copyright infringement
Electronic Data Involved: “sock puppet” accounts and related data
Keywords: Sock puppet accounts, adverse inference, spoliation sanctions
Key Insight: Spoliation; duty to preserve
Nature of Case: Civil Rights Title VII – Sexual harassment
Electronic Data Involved: Notebook; earnings records
Keywords: Loss of documents; Spoliation; duty to preserve; Bad Faith; Prejudice
Key Insight: Interference or concealment are not actionable under the tort
Nature of Case: Wrongful termination (sex discrimination), intentional interference/destruction of evidence tort
Keywords: independent tort, intentional interference
Key Insight: whether certain ESI production requests relating to ESI created both before and after a personal injury incident are proportional to the needs of the case
Nature of Case: personal injury, Jones Act
Electronic Data Involved: text messages, call logs, roaming data logs, phone account information, credit card transaction history, bank account transaction history
Keywords: “defendants are fishing”, ” balance of the benefits and burdens of these post-incident discovery requests are not in defendants’ favor”, “wheelhouse”
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