Key Insight: inadequate search and production, misrepresentation, failure to supplement, follow-up, failure to disclose
Nature of Case: patent infringement
Electronic Data Involved: email, board meeting minutes, investor presentations
Keywords: monetary sanctions, needless burden, late disclosures, post-settlement order, misrepresentation, motion to show cause
Key Insight: intentional destruction of surveillance camera footage
Nature of Case: prisoner civil rights action
Electronic Data Involved: surveillance camera footage
Keywords: spoliation
Key Insight: Plaintiff requested information related to outside counsel’s evaluation of claims. Court granted, but limited original request.
Nature of Case: Insurance breach of contract and bad faith
Electronic Data Involved: Various documents related to claims investigations; primarily related to outside counsel evaluations.
Keywords: scope; outside counsel; evaluation of claim
Key Insight: Even with a litigation hold, if a party would have made no efforts to obtain a serial number, bad faith is not found. Sloppy paperwork may be considered gross negligence in a totality of the circumstances. Rule 37(e) was not used.
Nature of Case: Excessive police force
Electronic Data Involved: Electronic data (Taser usage records)
Keywords: taser, cartridge, serial number, spoliation
Key Insight: Spoliation of evidence via a mobile device. Case filed prior to new Rule 37(e) enactment, so, rule does not apply.
Nature of Case: Fair Labor Standards Act violation
Electronic Data Involved: e-mail account records
Keywords: “old” bad faith analysis, misdirection and deception, 2-step verification.
Key Insight: Service provider failed to preserve ESI
Nature of Case: ERISA action
Electronic Data Involved: ESI contained on servers
Keywords: failure to preserve, servers, service provider, inherent power authority
Key Insight: Without using FRCP 37(e), bad faith is still an importance factor for spoliation
Nature of Case: Failure to provide medical care (deliberate indifference)
Electronic Data Involved: Video footage
Keywords: deliberate indifference, spoliation sanctions
Key Insight: defendants took no steps to save a copy of the footage, and it was overwritten after 30 days elapsed.
Nature of Case: Death by negligence and deliberate indifference
Electronic Data Involved: surveillance camera footage
Keywords: surveillance camera footage, defendant sheriff, anticipation of litigation
Key Insight: Duty of preservation is not enforceable for foreign company investigated by foreign government with no lawsuits filed in USA
Nature of Case: antitrust
Electronic Data Involved: deleted electronic records
Keywords: duty of preservation foreign, foreign government investigation preserve
Key Insight: failure to review backup tapes, attorney’s fees
Nature of Case: contract dispute
Electronic Data Involved: email, backup tapes
Keywords: destruction of laptop, key employee, prejudice, duty to preserve, adverse inference, retention policy
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