Key Insight: whether discovery can be bifurcated for the purpose of a dispositive motion and third party discovery
Nature of Case: Violation of the Telephone Consumer protection Act of 1991.
Electronic Data Involved: bifurcated discovery, emails, third party telephone records
Keywords: bifurcated discovery, class discovery, stayed discovery,
Key Insight: whether documents lose their privilege when there was limited effort to prevent their disclosure
Nature of Case: patent infridgement and violation of trade secrets
Electronic Data Involved: privileged documents requested back via a clawback agreement
Keywords: clawback, privilege, privilege review, search terms
Key Insight: Documents can be sealed if they are contain trade secrets and the unsealed exhibits attached to the sealed exhibits could reveal them.
Nature of Case: trade secret misappropriation
Electronic Data Involved: documents
Keywords: motion to seal, trade secrets
Identified Local Court Rule(s): 5(g)(3)(A) Motion to Seal, 5(g)(3)(B)
Key Insight: objection that requests are not relevant because requesting party’s defense is meritless is sanctionable
Nature of Case: interception of communication, defamation
Electronic Data Involved: email, text messages, calendars
Keywords: improper objection sanctioned
Key Insight: Judge accepted party’s friend request on Facebook, after the custody hearing and before decision.
Nature of Case: Motion to modify minor child custody order due to domestic abuse
Electronic Data Involved: Facebook posts. Electronic social media (ESM).
Keywords: Facebook, objective bias, judicial bias
Identified State Rule(s): Appeal: reversal and remand for further proceedings before a different judge
Key Insight: European privacy requirements preclude the production of personal data but a foreign country’s statute does nto deprive an American court the power to order production .
Nature of Case: Patent Infringement
Electronic Data Involved: Emails from a single individual
Keywords: international privacy statute, personal data,
Key Insight: Parties did not explicitly discuss format of production. Court directed parties to meet and confer.
Nature of Case: Compensation and non-solicitation pacts
Electronic Data Involved: Production Format
Keywords: Format of production, native files
Key Insight: Plaintiffs object to dismissal of a counterclaim against them because Defendant’s desire to dismiss the claim is related to loss of relevant ESI
Nature of Case: defamation, trademark infringement
Electronic Data Involved: E-mail, instant messages
Keywords: counterclaim, motion to amend, diligent, dismissal
Key Insight: video surveillance showing incident on which part of complaint is based could not be found by D, P motions for sanction for spoliation of evidence.
Nature of Case: employment discrimination, sexual harassment, workers compensation
Electronic Data Involved: Video surveillance
Keywords: spoliation, sanctions, preservation, surveillance, harassment, employment discrimination, bad faith
Key Insight: The refusal to provide written authorization allowing a service provider to release text message records constitutes “possession, custody, or control” of those text messages.
Nature of Case: lease termination by law enforcement
Electronic Data Involved: text messages
Keywords: release of records, written authorization
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