Key Insight: Discovery gamesmanship. The Court expects full and open discovery.
Nature of Case: trade secrets dispute
Electronic Data Involved: discovery in general
Keywords: Kumbaya, acerbic shrillness, truth is like the sun, Rambo tactics
Key Insight: Attorney on cc: line is not prima facie evidence email is not privileged
Nature of Case: Trademark Infringement
Electronic Data Involved: E-mail
Keywords: Privilege
Key Insight: Privilege Waiver if:unintentional, same subject matter and in fairness considered together
Nature of Case: Negligence
Electronic Data Involved: Videos
Keywords: Privilege, Waiver
Key Insight: How far does court’s discretion on discovery sanctions extend when it comes to dismissing a suit with prejudice?
Nature of Case: Employee medical benefits litigation
Keywords: Discovery sanctions, dismissal, Failure to comply, dismissal with prejudice
Key Insight: Defendant’s failure to preserve and produce ESI responsive to plantiffs’ discovery requests.
Nature of Case: unpaid wages and overtime claims collective action
Electronic Data Involved: deleted electronic records, undecipherable codes, mobile device data, text messages
Keywords: adverse inference instruction, unintelligible, mockery of the orderly administration of justice
Key Insight: Spoliation claims should be brought up during discovery as a motion to compel, not summary judgment, spoliation also requires an intent to deprive
Nature of Case: Product defect
Electronic Data Involved: Electronic car records
Keywords: spoliation, summary judgment, camping world, motor home
Key Insight: A 16 minute speculative phone call to an attorney is not enough to create a duty to preserve, direct evidence of bad faith is also necessary
Nature of Case: Employee overtime wages
Electronic Data Involved: Deleted e-mails
Keywords: Spoliation, FLSA, overtime
Key Insight: Sampling the null set is appropriate and proportional
Nature of Case: Antitrust
Electronic Data Involved: Electronically stored documents generally
Keywords: prescription medication, Acthar, clowns, TAR,
Key Insight: Discoverability of the identity and communications of users of anonymous messaging services.
Nature of Case: Suit against supporters of “Unite the Right” rally
Electronic Data Involved: anonymous communications, anonymous user account info, Discord records
Keywords: anonymous communications, stored communications act, first amendment rights, Discord, third party subpoenas
Key Insight: Production of nearly 170 thousand documents containing almost 2.6 million pages (app. 72% of total production) weeks before depositions to start was not sanctionable as Plaintiff had fought to keep broad discovery requests.
Nature of Case: Inadequate and Substandard Care in State Facilities
Electronic Data Involved: Email and Documents
Keywords: Proportionality; Document “Dump”
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