Key Insight: Attorney’s fees for unduly burdensome third party subpoenas are compensated
Nature of Case: Trusts and estates
Electronic Data Involved: Emails
Keywords: third party, subpoena, attorney’s fees, reimbursement, cost shifting
Key Insight: A ruling of prejudice requires specificity as to documents. Intent is required for 37(3) sanctions, but courts can reserve the right to impose a lesser sanction after seeing hope evidence is presented at trial.
Nature of Case: Employment dispute
Electronic Data Involved: e-mails
Keywords: Spoliation sanctions, prejudice, specificity
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
Keywords: Spoliation, sanctions
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
Copyright © 2022, K&L Gates LLP. All Rights Reserved.