Key Insight: Court approved TAR protocol detailing disclosure of samples, null set, and blind review
Nature of Case: Product liability
Electronic Data Involved: electronic data
Keywords: TAR protocol
Key Insight: whether the burden or expense of the proposed discovery outweighs its likely benefit
Nature of Case: Unjust enrichment
Electronic Data Involved: documents and metadata
Keywords: metadata, discovery categories, relevant and proportional
Key Insight: whether the delays in a case as a result of attorney error or inattention could be a reason to dismiss a case
Nature of Case: breach of contract, fraud
Electronic Data Involved: emails, documents
Keywords: evasive, face value
Key Insight: A contract clause limiting liability for data breaches caused by third parties is not unconscionable. However, this clause does not bar negligence claims for failing to comply with minimum data-security standards.
Nature of Case: data-breach class action
Electronic Data Involved: customer personal data
Keywords: data security, personal data, breach, unconscionable
Key Insight: Court did not grant motion to allow only TAR review but ordered cost estimate for cost shifting if requesting party proceeds with insisting review of 100k documents with 1-2% relevance rate
Keywords: low responsive rate and TAR
Key Insight: A law firm’s investigative records prepared for a client may not be withheld on work-product grounds from that client or former client.
Nature of Case: bankruptcy
Electronic Data Involved: Law firm investigative records and forensic accounts
Keywords: work-product, mental impressions, investigative records
Key Insight: Waiting until the last day of discovery to provide computation of damages does not constitute bad faith warranting severe sanctions.
Nature of Case: vehicle collision negligence
Keywords: willfulness, bad faith, last day of discovery
Key Insight: waived all objections except for privilege where at first MTC hearing responding party represented that its only objection was based on privilege
Nature of Case: copyright infringement
Electronic Data Involved: ESI
Keywords: MTC hearing
Key Insight: Responding party did not meet its burden to show requests were improper because it only responded with general objections
Nature of Case: breach of contract
Electronic Data Involved: emails and business records
Keywords: general objection,
Key Insight: Plaintiff made “off the cuff” remarks after interview. sought to retrieve recording through replevin. judge issued summary judgment for Defendant.
Nature of Case: Replevin and Wiretap
Electronic Data Involved: audio recording
Keywords: replevin; digital recordings
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