Key Insight: whether the defendant took reasonable steps to preserve the relevant evidence and whether the defendant?s actions in this case support a finding that the defendant acted with the intent to deprive another party of the information?s use in the litigation
Nature of Case: personal injury
Electronic Data Involved: deleted photographs
Keywords: sand, egregious
Key Insight: whether negative inference warranted where pictures taken on personal cell phone pursuant to protocol which became lost or destroyed
Nature of Case: excessive force – prison
Electronic Data Involved: cell phone pictures
Keywords: work image on personal cell phone
Key Insight: Plaintiff requested access records to determine potential class members. Court denied as unduly burdensome to non-party and unlikely to produce relevant information.
Nature of Case: Privacy
Electronic Data Involved: Driver License Database Access Records
Keywords: access records, non-party, burden
Key Insight: audit returns requested not proportional since massive burden to non-party
Nature of Case: Driver’s Privacy Protection Act
Electronic Data Involved: LEMS audit returns
Keywords: judge warns of sanctions
Key Insight: automatic discovery stay under Private Securities Litigation Reform Act (PSLRA)
Nature of Case: federal securities class action
Electronic Data Involved: all discovery
Keywords: automatic discovery stay, Private Securities Litigation Reform Act, PSLRA
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