July 2019 – Page 2 – Electronic Discovery Law

Herzig et al. v. Arkansas Foundation for Medical Care Inc. (District Court of Western Arkansas, 2019)

Jul 03 2019

Key Insight: Responsive communications were intentionally withheld and destroyed when the plaintiffs switched to an encrypted communication app

Nature of Case: wrongful termination and age discrimination

Electronic Data Involved: emails, text messages.

Keywords: Intentional spoliation, bad faith, encrypted communication application

Jul 01 2019

Key Insight: whether the burden or expense of the proposed discovery outweighs its likely benefit

Nature of Case: Unjust enrichment

Electronic Data Involved: documents and metadata

Keywords: metadata, discovery categories, relevant and proportional

Jul 01 2019

Key Insight: Court approved TAR protocol detailing disclosure of samples, null set, and blind review

Nature of Case: Product liability

Electronic Data Involved: electronic data

Keywords: TAR protocol