Key Insight: Terminating sanctions for alleged email spoliation is premature without compelling the documents 1st
Nature of Case: copyright infringement
Electronic Data Involved: deleted emails
Keywords: software copyright, accelerated email retention policy, terminating sanctions
Key Insight: whether the US could discover communications and documents regarding a non-testifying expert’s valuation of IP in question
Nature of Case: intellectual property (IP)
Electronic Data Involved: e-mail, documents
Keywords: non-testifying expert
Identified Local Court Rule(s): RCFC 26(c); RCFC 45(d)(3)
Key Insight: relevance of search terms, proportionality
Nature of Case: breach of contract, trade secrets
Keywords: sanctions, motion to compel, search terms, third-party subpoenas, personal capacity, proportionality, attorney’s fees, current version, pending motion for protective order
Key Insight: Attorney client privilege is not waived as an “at-issue” matter simply by filing a counterclaim
Nature of Case: Worker’s Compensation
Electronic Data Involved: All communications with monitoring counsel
Keywords: Privilege, at-issue waiver
Key Insight: Court used Flury test, not FRCP 37(e), found that lack of data was not the only source of the data and that plaintiff would not be prejudiced
Nature of Case: Personal injury
Electronic Data Involved: Computer records
Keywords: FedEx, Omnitracs, Flury
Key Insight: Documents produced on eve of deposition allowed for second deposition; text messages of employees not unduly burdensome; Financials in PDF form were OK assuming they were native format
Nature of Case: Fraudulent Inducement
Electronic Data Involved: Excel Spreadsheets/PDF; Text Messages
Keywords: incomplete production; native production; Proportionality
Key Insight: Plaintiff failed to show that he was prejudiced by the failure to preserve surveillance footage
Nature of Case: 1983 Civil rights
Electronic Data Involved: surveillance footage
Keywords: failure to preserve, prejudice, spoliation sanctions
Key Insight: Expenses responding to a subpoena also include fees spent on narrowing scope and litigation about the subpoena
Nature of Case: Discovery dispute
Keywords: Subpoena, reimbursement, third-party, cost shifting
Key Insight: proportionality, privacy
Nature of Case: labor dispute, class action
Electronic Data Involved: payroll records, electronic documents
Keywords: class action certification, relevance, overbroad
Key Insight: spoliation sanctions
Nature of Case: breach of contract
Electronic Data Involved: e-mails
Keywords: duty to preserve, automatic deletion, permissive spoliation instruction, intent to deprive, spoliation, 37(e)(2)
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