Key Insight: Plaintiff never articulated claims that would make reasonable person believe lawsuit was likely. No duty to preserve had yet attached when Plaintiff when to HR.
Nature of Case: Discrimination
Electronic Data Involved: emails and SAP account
Keywords: Imminent litigation; adverse inference
Key Insight: Sanctions granted for first claiming withholding all responsive documents, then claiming there were no responsive documents. Protective Order violated by using information obtained under protective order to locate public information.
Nature of Case: false advertising/trademark infringement
Electronic Data Involved: Document related to claimed settlement achieved
Keywords: privilege, sanctions
Key Insight: whether adverse inference is appropriate where investigative file not located
Nature of Case: Title VII disparate treatment
Electronic Data Involved: investigative files
Keywords: adverse inference
Key Insight: can provision 1782(a) be extended to use in private arbitration
Nature of Case: supply-chain logistics
Electronic Data Involved: use of discovery in private arbitration
Keywords: private arbitration, tribunal, provision 1782(a)
Key Insight: Whether the private arbitration panel in this case is considered a “foreign or international tribunal” and therefore whether discovery may be ordered under section 1782(a)
Nature of Case: contract dispute, application for arbitration discovery
Electronic Data Involved: arbitration discovery and “foreign or international tribunal”
Keywords: arbitration, ordered discovery, “foreign or international tribunal”
Key Insight: ordered to produce a sample of 10 calls chosen by requesting party to see if information duplicative
Nature of Case: RICO
Electronic Data Involved: audio recordings of phone calls
Keywords: credit collector sues firm representing debtors
Key Insight: Both sides moved for spoliation sanctions. Court was troubled by failure to suspend automatic deletion and loss of personal cell phone, but imposed no sanctions.
Nature of Case: Employee Termination/Discrimination
Electronic Data Involved: cell phones, company computer, notebooks
Keywords: spoliation; sanctions; automatic deletion
Key Insight: Requests for Production; marketing materials; Unreasonably cumulative or duplicative
Nature of Case: Trademark Infringement
Electronic Data Involved: Hard copy; Historical records; on-site inspection; Marketing materials (documents, recordings, video, displays, etc.)
Keywords: Discovery violations; adequacy of discovery responses; Vague/overbroad/burdensome/ not calculated to lead to discovery of documents relevant to claims or defenses; proportionality; access; costs/Attorney’s fees; resources; “Senior user”; Cherrypicking; Evidentiary preclusion; Court order; Representative samples
Key Insight: whether the party acted willfully in destroying electronic information by installing a new operating system to his remote access computer
Nature of Case: employment discrimination and retaliation
Electronic Data Involved: destroyed electronically stored information
Keywords: spoliation, updating operating system, electronically stored information
Key Insight: The obligation to preserve evidence in a workplace discrimination suit can extend to personal devices known to contain relevant material.
Nature of Case: workplace discrimination
Electronic Data Involved: text messages
Keywords: personal device, text message, obligation to preserve
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