Key Insight: Scope of discovery, speculation about communications is not sufficient to compel discovery.
Nature of Case: Class action product-defect: design flaw
Electronic Data Involved: Reports and communications re reports
Keywords: Privity, Speculation, Overbroad
Key Insight: Without intent, adverse inference cannot be granted in spoliation of evidence but lesser sanctions still can
Nature of Case: Wrongful termination,
Electronic Data Involved: Text messages
Keywords: duty to preserve, auction, preowned vehicles
Key Insight: Third party assignee of rights does not automatically include rights to the fiduciary exception to attorney-client privilege.
Nature of Case: ERISA
Electronic Data Involved: Electronic documents generally (privileged)
Keywords: attorney-client privilege, fiduciary duty, ERISA
Key Insight: Foreign corporation can seek discovery of American party to be used in foreign court if its narrowly tailored
Nature of Case: corporate share agreements, corporate ownership international
Electronic Data Involved: documents (generally)
Keywords: foreign proceedings, corporate ownership, discovery, foreign corporation
Key Insight: whether plaintiff was required to turn over subpoenaed phone records (without content)
Nature of Case: Federal Employers Liability Act (FELA)
Electronic Data Involved: telephone records
Keywords: subpoena, privacy, phone records, overbroad
Key Insight: Form of production inadequate but can be remedied by providing table of contents
Nature of Case: Breach of contract
Electronic Data Involved: emails and business records
Keywords: mode of production
Key Insight: Witness deposition on electronic discovery must have “painstaking specificity” on the particular subject areas that are intended to be questioned.
Nature of Case: Labor-Management Relations Act (secondary boycott activities)
Electronic Data Involved: Notebooks and calendars
Keywords: Sanctions, union,
Key Insight: The attorney-client privilege for legal invoices is implicitly waived when those invoices are the primary form of direct evidence for the lawsuit.
Nature of Case: recovery of attorney costs incurred in prior suit
Electronic Data Involved: legal invoices
Keywords: legal invoices, implicit waiver
Key Insight: Whether downloading spyware is sufficient circumstantial evidence could result sanction under rule 37(e)(2)
Nature of Case: computer fraud
Electronic Data Involved: deleted electronic records
Keywords: spyware, digital fingerprints
Key Insight: whether to wait eve of trial could undertake the necessary fact finding to resolve issues that the plaintiff raises
Nature of Case: Violation of TCPA
Electronic Data Involved: call records
Keywords: spreadsheet, dialing system
Copyright © 2022, K&L Gates LLP. All Rights Reserved.