Key Insight: Fabricated evidence leads to terminating sanctions
Nature of Case: Employment discrimination, sexual harassment
Electronic Data Involved: Text messages
Keywords: dismissed with prejudice, fabrication, title VII, termination sanctions
Key Insight: whether missing evidence is crucial to movant’s case, whether non-movant had intent to deprive
Nature of Case: employment discrimination
Electronic Data Involved: hard copy, email
Keywords: duty to preserve, litigation hold, permissible inference, bad faith
Key Insight: To what extent can redactions be applied to responsive documents outside of ACP and work-product?
Nature of Case: Copyright
Electronic Data Involved: Business documents
Keywords: Redactions, relevance
Key Insight: 1500 documents withheld as privileged under procedures in FRE 502 (d);
Nature of Case: Fifth Amendment, taking private property without just compensation
Electronic Data Involved: 1500 documents
Keywords: quick peek, privileged, taking, unjust compensation
Key Insight: Not organizing surveillance videos so that they could be promptly located was not found to be an “intent to deprive”
Nature of Case: Civil rights
Electronic Data Involved: Video
Keywords: video, intent, spoliation sanctions
Key Insight: Court had permitted Defendants to select an additional 16 custodians and 12 additional search terms. Plaintiff moved for reconsideration being concerned about amount that would be produced. Court denied reconsideration, urged cooperation and clarified that earlier limits on discovery applied to new materials as well.
Nature of Case: Fraud
Electronic Data Involved: E-mails, Documents
Keywords: search terms; cooperation; additional custodians; additional terms
Key Insight: Party cannot use screenshots not disclosed in discovery to in support of summary judgment motion alleging electronic signature
Nature of Case: insurance coverage litigation
Electronic Data Involved: archived screenshots
Keywords: electronic signature, affirmative signature, meaningful offer, prepopulated
Key Insight: Failure to address standards for spoliation of ESI, no showing of entitlement to adverse inference instruction.
Nature of Case: defamation
Electronic Data Involved: AGGIS and Cybersource systems
Keywords: adverse inference instruction
Key Insight: Employer must produce company-wide documents without geographic limitations when all employees are subject to same leave of absence policies.
Nature of Case: workplace discrimination
Electronic Data Involved: General request for production and interrogatories
Keywords: employing unit, geographic scope, work unit, FMLA, scope of discovery, relevancy
Key Insight: Method of production requiring out-of state travel not contract breach and retention of counsel not enough to show material is privileged
Nature of Case: breach of contract, consumer protection act litigation
Electronic Data Involved: audit documents
Keywords: proportionality, foreign parent, method of production, privilege determination
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