Key Insight: general objections overruled and defendant ordered to produce records relating to profits, but does not have to disclose all documents relating to “methods of calculating” profits beyond what is necessary to understand
Nature of Case: Misappropriation of trade secrets
Electronic Data Involved: business records re profits
Keywords: general objection,
Key Insight: Work product protections do not attach to data automatically generated by a vehicles electronic control module.
Nature of Case: vehicle collision personal injury
Electronic Data Involved: vehicle Electronic Control Module data
Keywords: Electronic Control Module
Key Insight: whether original version of narrative detailing mistreatments sent to attorney was work product; whether work product privilege attached to subsequent revisions of the same
Nature of Case: Consumer Class Action
Electronic Data Involved: withheld original document
Keywords: work product, original, altered
Key Insight: Non party third parties do not have a duty to preserve in anticipation of litigation.
Nature of Case: Spoliation (property rezoning)
Electronic Data Involved: Electronic documents
Keywords: Preservation, spoliation, third-party, Shamrock
Identified State Rule(s): 440.39(7)
Key Insight: Search terms must be narrow, “condo” is too broad a term when seeking discovery from a law firm specializing in condominium law
Nature of Case: Attorney malpractice
Electronic Data Involved: Electronic data
Keywords: Malpractice, condominium, dissolution, condo
Key Insight: Bifurcation of a pst file does not constitute destruction/spoliation
Nature of Case: Employment age discrimation
Electronic Data Involved: .pst file
Keywords: pst file, “whole, untouched, pristine condition”
Key Insight: Student witness statements or employee records are not FERPA protected “educational records,” FERPA can also be overcome through proper redactions and a demonstrable need for the information, no personal stakes in the outcome in the suit discourages disclosure of third party employment records
Nature of Case: Sex-based discrimination
Electronic Data Involved: Various electronic records
Keywords: FERPA, Western Kentucky University, Title IX
Key Insight: whether the government intentionally acted in a way that destroyed evidence
Nature of Case: copyright infringement
Electronic Data Involved: TETRA healthcare data federation software, hard drives, digital information
Keywords: spoliation, reasonable steps to preserve, decommissioning
Key Insight: Excessive document production shortly before deposition didn’t justify additional attorney’s fees
Nature of Case: industrial pollution
Electronic Data Involved: documents
Keywords: attorney’s fees, deposition, document production, inadequate preparation
Key Insight: Are the identities of Individuals who leaked documents important?
Nature of Case: Age Discrimination
Electronic Data Involved: Presentation slides, Business planning documents
Keywords: Informant’s privilege, confidential informant
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