2018 – Page 9 – Electronic Discovery Law

In re: Application of Biomet Orthopaedics Switzerland GMBH Under 28 U.S.C. 1782 For An Order to Take Discovery for Use In A Foreign Proceeding, No, 17-3787 (3rd Cir. Aug. 6, 2018).

Aug 06 2018

Key Insight: Trial Court had denied request for documents. Third Circuit remanded for further review based off four-factor discretionary test after finding that it met the basic statutory requirements to be considered.

Nature of Case: Trade Secret

Electronic Data Involved: Documents in US, desired for foreign matter

Keywords: foreign proceeding.

View Case Opinion

Halleen v. Belk, Inc., No. 4:16-CV-55 (E.D. Tex. Aug. 6, 2018)

Aug 06 2018

Key Insight: Compelling Defendant to produce ESI prior to parties reaching an impasse

Nature of Case: Fair Labor Standards Act (FLSA) collective action

Electronic Data Involved: all ESI germane to identified corporate custodians and 30(b)(6) corporate representatives, share drive content

Keywords: impasse, corporate custodian, 30(b)(6) witness, inability to cooperate, randomized, share drive

View Case Opinion

San Diego Unified Port Dist. v. Monsanto Co., No. 15-cv-0578 (S.D. Cal. Aug. 2, 2018)

Aug 02 2018

Key Insight: temporal limitations on document discovery

Nature of Case: abatement and remediation of pollution

Electronic Data Involved: electronic records

Keywords: temporal scope, temporal limitations, relevant time period, work-product protection, 30(b)(6) notices

View Case Opinion

Hayse v. City of Melvindale, No. Civ. A. 17-13294 (E.D. Mich. Aug. 2, 2018)

Aug 02 2018

Key Insight: Non-party ESI must be in the possession, custody or control; phone not city owned, no consent given by city official- did not require production; prior phone and service provider required supplemental briefing regarding service provider contractual obligations

Nature of Case: Civil Rights

Electronic Data Involved: Cell Phone/Text Messages

Keywords: text messages, phones, service provider, consent, ownership

View Case Opinion

Malone v. Weiss (Eastern District Pennsylvania, 2018)

Aug 01 2018

Key Insight: Fabricated evidence justified sanction of dismissing case

Nature of Case: fraud, breach of contract

Electronic Data Involved: archived email

Keywords: spoliation, closely held corporation, fabricated emails

View Case Opinion

Lopez v. Don Herring Ltd. ( No. 16-CV-2663 (N.D. Tex. Aug. 1, 2018), 2018)

Aug 01 2018

Key Insight: plaintiff has failed to provide any of the documents or e-mails that purportedly supports his claims and has made boilerplate objections with no further explanations

Nature of Case: Driver’s Privacy Protection Act violation

Electronic Data Involved: e-mails

Keywords: “Lopez only points to what he believes to be his conclusive victory on the ‘knowingly’ requirement”, “Lopez?s boilerplate objections to this interrogatory are overruled”, “Lopez responds that his counsel has already provided Herring with the requested documents described in his initial disclosures”

View Case Opinion

Hernandez, et al. v. City of Houston, No. 4:16-CV-3577 (S.D. Tex. Aug. 30, 2018)

Aug 01 2018

Key Insight: Defendant misrepresentations to the Court about its flawed discovery process.

Nature of Case: alleged illegal detainment class action

Electronic Data Involved: missing metadata, deleted electronic records

Keywords: adverse inference finding, hard drives, warrantless arrestees, unconstitutional policy, deliberate indifference.

View Case Opinion

Lexpath Technology Holdings, Inc. v. Welch, No. 17-2604 (3d Cir. July 30, 2018)

Jul 30 2018

Key Insight: spoliation jury instructions

Nature of Case: misappropriation of trade secrets

Electronic Data Involved: deleted electronic records

Keywords: spoliation, abuse of discretion, adverse inference, permissive instruction

View Case Opinion

United States v. Tolbert (No. 14-3761 (D.N.M. July 27, 2018), 2018)

Jul 27 2018

Key Insight: Whether a search warrant was necessary to ascertain the Defendant’s personal information from a non-governmental third party organization that was forwarded e-mails containing evidence that Defendant possessed child pornography

Nature of Case: criminal prosecution – child pornography

Electronic Data Involved: e-mails, personally identifying information attached to e-email account

Keywords: “The Fourth Amendment to our Constitution protects persons against unreasonable searches and seizures”, “Tolbert moves to suppress”, “Motion to Suppress Evidence”

View Case Opinion

Lawrence v. City of New York, et al., No. 1:15-cv-08947-WHP-OTW (S.D.N.Y. July 27, 2018)

Jul 27 2018

Key Insight: Attorney’s failure to check metadata for fraud was not sanctionable because it was reasonable to believe the client was telling the truth based on other facts

Nature of Case: Civil rights (police entry)

Electronic Data Involved: Digital photographs (with metadata)

Keywords: metadata, withdrawal, mental illness

View Case Opinion

Archive - 2018