Key Insight: Bifurcation of a pst file does not constitute destruction/spoliation
Nature of Case: Employment age discrimation
Electronic Data Involved: .pst file
Keywords: pst file, “whole, untouched, pristine condition”
Key Insight: Student witness statements or employee records are not FERPA protected “educational records,” FERPA can also be overcome through proper redactions and a demonstrable need for the information, no personal stakes in the outcome in the suit discourages disclosure of third party employment records
Nature of Case: Sex-based discrimination
Electronic Data Involved: Various electronic records
Keywords: FERPA, Western Kentucky University, Title IX
Key Insight: whether the government intentionally acted in a way that destroyed evidence
Nature of Case: copyright infringement
Electronic Data Involved: TETRA healthcare data federation software, hard drives, digital information
Keywords: spoliation, reasonable steps to preserve, decommissioning
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