Key Insight: Whether FRE 502 applies, whether production was inadvertent, interplay between FRE 502 and clawback agreement, whether production was completely reckless, specificity requirements of clawback agreement
Nature of Case: breach of contract
Electronic Data Involved: e-mail
Keywords: reckless, clawback agreement, waiver, privilege, inadvertent production, court order, log
Key Insight: A different office overwrote the recordings, and thus it would be unjust to punish defendant for something they did not do. Moreover, there was no notice, and the recordings were overwritten as a normal course of business.
Nature of Case: Excessive force, 4th/5th amendments
Electronic Data Involved: Recordings of radio calls
Keywords: Notice of duty to preserve, safe harbor, spoliation sanctions, intent to deprive, failure to act
Key Insight: whether counsel assumed responsibility for ensuring a comprehensive search was conducted
Nature of Case: employment discrimination
Keywords: comprehensive search, litigation hold, guidance, reasonable inquiry
Key Insight: No spoliation because no showing that “either Defendants or their counsel acted” with an “intent to deprive” merely that there was “confusion and ineptitude.”
Nature of Case: breach of licensing agreement
Electronic Data Involved: business laptop and several external drives
Keywords: intent to deprive, spoliation, evaluate the reasonableness of preservation efforts.
Key Insight: Court was troubled by lack of full video recording, especially how the only preserved parts were favorable to defendants, recommended recruited counsel on remand for additional depositions and to see if additional recordings exist
Nature of Case: Eighth Amendment
Electronic Data Involved: Security camera recording
Keywords: Cruel and unusual punishment, deliberate indifference, eighth amendment
Key Insight: Sanction must be proportional to loss, loss was mitigated by testimony about the contents and other notes
Nature of Case: Tortious interference, assault, battery
Electronic Data Involved: Audio recording
Keywords: Taylor Swift, audio recording, KYGO, radio, meet and greet
Key Insight: Reimbursement of eDiscovery costs
Nature of Case: trademark infringement, unfair competition, cybersquatting
Electronic Data Involved: documents copied and coverted into a readable format
Keywords: Reimbursement, making copies, converted, copied, native, proportionality, taxable
Key Insight: Keyword searching alone may not be sufficient and can be aided by strategies like predictive coding
Nature of Case: civil rights, fourth amendment
Electronic Data Involved: text messages, social media posts
Keywords: keyword searching, predictive coding
Key Insight: mere statement that disclosure would provide competitors with advantage doesn’t satisfy elements of trade secret.
Nature of Case: medical negligence
Electronic Data Involved: electronic health record (EHR) system
Keywords: confidential and proprietary trade secrets, protective order
Key Insight: whether adverse inference is warranted
Nature of Case: workplace discrimination
Electronic Data Involved: text messages, email
Keywords: relevance, prejudice, obligation to preserve, intent to deprive, gross negligence, inherent authority, sanctions, spoliation, fees, costs, adverse inference, bad faith, willfully
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