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
Key Insight: phone records for certain employee numbers overbroad
Nature of Case: discrimination and retaliation
Electronic Data Involved: text messages and phone records
Keywords: subpoena phone records
Key Insight: whether discovery should extend beyond the period of the statute of limitations
Nature of Case: Breach of implied warranty of merchantability
Electronic Data Involved: e-mails
Keywords: label, trans fat, heightened showing
Key Insight: whether discovery requests are overbroad
Nature of Case: Class Action alleging violations of the Telephone Consumer Protection Act
Electronic Data Involved: documents listing people requesting not to be called and people that were called incorrectly, and people who did not have contracts with teh Defendant.
Keywords: overbroad, discovery requests, protective order, motion to compel
Key Insight: Denied motion to compel ESI Protocol filed 7 days after close of discovery where party made repeated demands for ESI but did not engage in establishing ESI protocol
Nature of Case: False Claims Act
Keywords: ESI Protocol
Key Insight: failing to produce ESI in native format with associated metadata.
Nature of Case: Civil action for deprivation of rights
Electronic Data Involved: PDF documents
Keywords: Metadata, native format, ESI in native format
Key Insight: Evidence was sought by intervenor to determine whether their own enforcement actions to be taken. motion denied due to privacy of third parties
Nature of Case: Wire Fraud Criminal Case
Electronic Data Involved: Evidence in trial
Keywords: evidence, intervenor, third party
Key Insight: click-wrap arbitration agreement with discovery limitations was enforceable.
Nature of Case: age and disability wrongful termination
Electronic Data Involved: various discovery requested by plaintiff
Keywords: click-wrap agreement, discovery limits in arbitration
Key Insight: production from additional custodians not justified because expensive and not fruitful to date
Nature of Case: TRO
Electronic Data Involved: emails
Keywords: additional custodians
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