Key Insight: The crime-fraud exception invalidates attorney client privilege protections with regards to an internal investigation of an employee now known to have stolen proprietary documents and shared them with her supervisor.
Nature of Case: Theft of confidential business documents
Electronic Data Involved: database containing proprietary information
Keywords: proprietary information, theft, crime-fraud exception
Key Insight: sexual harassment complaints discoverable
Nature of Case: workplace discrimination
Electronic Data Involved: investigation documents
Keywords: fire department pattern of sexual harassment
Key Insight: whether showing of prejudice is necessary for 37(e) sanctions
Nature of Case: dissolution of business
Electronic Data Involved: emails, deleted electronic records
Keywords: Quickbooks
Key Insight: whether the burden or expense of the proposed discovery outweighs its likely benefit
Nature of Case: trademark infringement
Electronic Data Involved: emails
Keywords: cheapo, cheapoair
Key Insight: emails included third parties and were not proven to be attorney client privilege and have been improperly withheld
Nature of Case: Breach of contract
Electronic Data Involved: emails improperly withheld as Attorney-client privilege.
Keywords: Attorney-client privilege, improperly withheld, emails copied to third parties.
Key Insight: jurisdictional discovery denied after plaintiff did not narrow scope of requests
Nature of Case: common nuisance
Electronic Data Involved: documents
Keywords: jurisdictional discovery
Key Insight: privilege was waived because a public relations firm took part in the email exchanges adn they were not identified on the privilege log
Nature of Case: Trademark infringement
Electronic Data Involved: emails that were claimed to be privileged
Keywords: waived privilege, attorney-client privilege, work product, third party communication waiving privilege.
Key Insight: relevant to see if distracted driving but three days worth disproportionate
Nature of Case: personal injury
Electronic Data Involved: cell phone records
Keywords: truck driver’s cell phone activity to see if distracted
Key Insight: whether terminating sanctions are appropriate where party engaged in discovery misconduct, including intentionally limiting search terms to exclude documents
Nature of Case: Trademark, Unfair Competition
Electronic Data Involved: documents
Keywords: sanctions, terminate, discovery misconduct, removed document, fraud on the court
Key Insight: whether discovery should be stayed until after dispositive motions
Nature of Case: violations of the Telephone Consumer Protection Act
Electronic Data Involved: stay of discovery
Keywords: “safe harbor” defense, stay of discovery, dispositive motions
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