KLG PDF Import – Page 29 – Electronic Discovery Law

United States v. Tolbert (No. 14-3761 (D.N.M. July 27, 2018), 2018)

Jul 27 2018

Key Insight: Whether a search warrant was necessary to ascertain the Defendant’s personal information from a non-governmental third party organization that was forwarded e-mails containing evidence that Defendant possessed child pornography

Nature of Case: criminal prosecution – child pornography

Electronic Data Involved: e-mails, personally identifying information attached to e-email account

Keywords: “The Fourth Amendment to our Constitution protects persons against unreasonable searches and seizures”, “Tolbert moves to suppress”, “Motion to Suppress Evidence”

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In re Broiler Chicken Antitrust Litigation, No. 16 C 8637 (N.D. Ill. July 26, 2018)

Jul 26 2018

Key Insight: Undue burden or cost of discovery alleged by defendant.

Nature of Case: antitrust class action

Electronic Data Involved: ESI searches upon 12 custodians

Keywords: Has not made a threshold showing, does not satisfy the rule 26(b)(2)(C) factors.

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Merriweather v. United Parcel Services, No. 3:17-CV-349-CRS-LLK (W.D. Ky. July 25, 2018)

Jul 25 2018

Key Insight: Due Diligence in searching for requested records and confirming non-existence was sufficient by Defendant to meet Plaintiff’s discovery request; perfect preservation was not required

Nature of Case: Negligence-car accident

Electronic Data Involved: Daily Driving Reports

Keywords: Preservation; Spoilation; Due Diligence

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People for the Ethical Treatment of Animals v. Tri-State Zoological Park of W. Md (Maryland District, 2018)

Jul 24 2018

Key Insight: Parties cannot use the parts of allegedly work product matter helpful to their case and withhold the rest

Nature of Case: Endangered species act enforcement

Electronic Data Involved: audio, video, photos

Keywords: attorney work product, fact work product,

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BlackRock Balanced Capital Portfolio v. Deutsche Bank National Tr. Co. (S.D.N.Y., 2018)

Jul 23 2018

Key Insight: Privilege waived after failure to provide sufficient descriptions on privilege log

Nature of Case: Securities Fraud

Electronic Data Involved: E-mails

Keywords: Privilege log, waiver

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Tanner v. BD LaPlace, LLC, No. 2:17-cv-05141-MLCF-MBN (E.D. La. July 23, 2018)

Jul 23 2018

Key Insight: Whether discovery of requested records is relevant and proportional, whether privilege as regards medical records is waived when a plaintiff puts his/her medical condition at issue

Nature of Case: ADA disability discrimination

Electronic Data Involved: medical and financial records

Keywords: relevant, proportional, ADA, privilege, admissibility, mental condition

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Satmodo, LLC v. Whenever Communications, LLC, 3:17-cv-192-AJB-NLS (S.D. Cal. July 20, 2018)

Jul 20 2018

Key Insight: requests are overbroad, alternative “live test” proposed instead of inspection of devices.

Nature of Case: Plaintiff allegation of Defendant engagement in a click fraud scheme.

Electronic Data Involved: inspection of defendant’s computing devices (computers, phones, tablets, etc)

Keywords: wasteful discovery, common-sense concept of proportionality, Winter list

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Shannon v. Honeywell Federal Manufacturing and Technologies, LLC, No. 14-CV-00787 (W.D. Mo. July 20, 2018)

Jul 20 2018

Key Insight: search terms, proportionality

Nature of Case: employment discrimination

Electronic Data Involved: electronic records

Keywords: search terms, boolean connectors

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AbbVie Inc. v. Boehringer Ingelheim International GMBH (D. Del., 2018)

Jul 14 2018

Key Insight: primarily/predominantly legal

Nature of Case: Patent Dispute

Electronic Data Involved: PowerPoint Slide Presentation

Keywords: in-house counsel

View Case Opinion

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