Key Insight: Plaintiff was sanctioned for re-litigating issues, ignoring court orders and insisting on overbroad scope of discovery
Nature of Case: products liability
Electronic Data Involved: Documents generally
Keywords: sanctions, scope of discovery, disregarding court orders
Key Insight: forensic examination should be ?the exception, not the rule.?
Nature of Case: employment, FMLA
Electronic Data Involved: text messages, deleted messages, lost devices, forensic examination
Keywords: social media, text messages, forensic examination, FMLA
Key Insight: Phone Call was deleted by negligence. Court allowed short statement regarding spoliation to jury, but did not order an adverse inference instruction.
Nature of Case: Civil Rights; Wrongful Death
Electronic Data Involved: Recording of Phone Call
Keywords: Spoilation; Sanctions
Key Insight: scope of discovery of magistrate’s motion to compel
Nature of Case: Title VII gender discrimination, class action
Electronic Data Involved: electronic documents
Keywords: class action, relevance, gender discrimination, advisory committee notes
Key Insight: self-incrimination through possession of documents
Nature of Case: Telephone Consumer Protection Act (TCPA)
Electronic Data Involved: text messages, call logs
Keywords: Telephone Consumer Protection Act (TCPA), non-party agents, Fifth Amendment Rights, self-incrimination, 47 U.S.C. 227
Key Insight: compliance with Rule 45 subpoena
Nature of Case: consumer protection/unfair competition
Electronic Data Involved: electronic documents
Keywords: 45(d)(3), relevancy, unretained expert information, confidential research, commercial information, cost-shifting, third party
Key Insight: Plaintiff’s failure to respond to discovery requests justified dismissal with prejudice and denial of motions for reconsideration.
Nature of Case: personal injury
Keywords: flagrant disregard, dismissal, compel discovery
Key Insight: spoliation sanctions
Nature of Case: bankruptcy proceeding
Electronic Data Involved: deleted electronic records
Keywords: spoliation, bad faith, inherent power to sanction, legal fees, intent to deprive
Key Insight: Sanctions were appropriate for a fraudulently edited email entered into evidence
Nature of Case: Judge removal
Electronic Data Involved: E-mails
Keywords: judges, superimposed, fraudulent
Key Insight: Party could obtain discovery of websites archived by American company for use in a foreign tribunal
Nature of Case: trademark enforcement
Electronic Data Involved: archived websites
Keywords: foreign discovery, archived websites, Section 1782 application, international trademark enforcement
Copyright © 2022, K&L Gates LLP. All Rights Reserved.