Key Insight: Protective order barring opposing council from viewing confidential materials denied for being too far
Nature of Case: trademark infringement, unfair competition
Electronic Data Involved: expert information
Keywords: trademark, protective order
Key Insight: When there are conflicting versions of a document, metadata to understand the modifications can be compelled to be produced, even with claimed significant costs
Nature of Case: Medical Malpractice
Electronic Data Involved: Metadata
Keywords: Surgery, colostomy, metadata, Fournier’s gangrene, Village Care
Identified State Rule(s): CPLR 3103
Key Insight: ordered forensic examination and sanctions (threatened terminating sanctions) for failure to disclose reconstructed hard drive
Nature of Case: personal injury
Electronic Data Involved: computer files
Keywords: converted motion for sanctions to motion to compel
Key Insight: What amounts to good cause to seal relevant evidence from public view
Nature of Case: Civil Rights Action, violation of 8th amendment
Electronic Data Involved: confidential health information and confidential investigatory information obtained from witness interviews
Keywords: HIPPA, seal, confidential health information, good cause
Key Insight: Failure to produce discovery and making misrepresentations about the nature and content of documents so as to not produce them.
Nature of Case: trademark infringement
Electronic Data Involved: business documents, text messages, personal messages of employees.
Keywords: Compel, “chinese privacy law” misrepresentation,
Key Insight: Failure to disclose computing devices or to preserve documents, and doing so intentionally led to an adverse inference
Nature of Case: Intellectual property infringement (trademark and copyright)
Electronic Data Involved: Electronic documents, text messages
Keywords: Spoliation, Hendrix, adverse inference, anti-forensic software
Key Insight: CSLI, privacy, Stored Communications Act, SCA
Nature of Case: conspiracy to possess with intent to distribute a controlled substance, attempted possession of a controlled substance with intent to distribute
Electronic Data Involved: cell site location information
Keywords: Fourth Amendment, good-faith exception, federal rule of criminal procedure 33(a), warrant, exclusion of evidence, motion for a new trial
Key Insight: Defendant’s unsupervised and under inclusive ESI searches remedied by additional searches and disclosure of previous search paramaters
Nature of Case: Fraudulent telemarketing
Electronic Data Involved: Audio recordings
Keywords: Telemarketing, Fishman, mortal mistake
Key Insight: whether the 37(e) sanctions are appropriate
Nature of Case: Invasion of privacy
Electronic Data Involved: metadata, active data from laptop
Keywords: ipad
Key Insight: whether failure to maintain e-mail website domain and preserve e-mails it contained demonstrated “intent to deprive” under Rule 37(e)
Nature of Case: trade secret
Electronic Data Involved: e-mail, e-mail website domain
Keywords: superfluous
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