Key Insight: Defense was allowed to ask neutral questions about destruction of SDM data, even without intent to deprive, without using FRCP 37(e).
Nature of Case: Product liability
Electronic Data Involved: SDM data
Keywords: SDM, sensory diagnostic module, spoliation, class action
Key Insight: Discovery requests must be proportional; limited to scope/time frame
Nature of Case: Wrongful termination, defamation
Electronic Data Involved: E-mails, text messages
Keywords: Retaliation, discrimination, Louisiana Office of Alcohol and Tobacco Control
Key Insight: Court used a spoliation test non-specific to electronic discovery, spoliation not found due to one defendant not in control of the evidence and the other destroying the evidence without bad faith and not when litigation was reasonably foreseeable
Nature of Case: Collision
Electronic Data Involved: ECM data
Keywords: ECM, electronic control module, spoliation
Key Insight: petitioner’s motion for contempt, subpoena enforcement
Nature of Case: subpoena duces tecum issued by US Dept. of Labor to Respondent, a roofing company. Workplace safety violations and follow-up inspections..
Electronic Data Involved: text and email messages
Keywords: subpoena duces tecum, failure to take reasonable steps to comply with the order
Key Insight: Jury Instruction due to failure to preserve electronically stored information.
Nature of Case: Defamation
Electronic Data Involved: Web browser history, Internet browser
Keywords: Web browser history, Spoliation
Key Insight: Attorney client privilege and work product protections for communications from company devices
Nature of Case: employment discrimination
Electronic Data Involved: Company laptop data
Keywords: attorney client privilege, computer forensics, privacy policy, work product
Identified State Rule(s): CPLR 3103
Key Insight: What e-discovery costs are reimbursable by the opposing side, and to what extent?
Keywords: e-discovery expenses, copies, exemplification
Key Insight: Search for ESI (specifically emails) using search terms.
Nature of Case: Trusts, Contractual and fiduciary obligations
Electronic Data Involved: Emails and attachments
Keywords: Trusts, Trust name or identifier, electronic search, search terms.
Key Insight: Failure to promptly disclose false evidence
Nature of Case: misappropriation of trade secrets
Electronic Data Involved: email
Keywords: sanctions, affidavit, post-complaint deletion, restoration
Identified State Rule(s): Colorado Rule of Professional Conduct 3.3(a)(3)
Key Insight: insufficient evidence to support finding of spoliation
Nature of Case: Trade secret misappropriation, breach of confidentiality agreement
Electronic Data Involved: deletion of plaintiff’s electronic files from May’s personal hard drive
Keywords: spoliation inference, trade secret misappropriation
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