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
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