Key Insight: required to provide privilege log metadata because log was inadequate
Nature of Case: breach of contract, breach of fiduciary duty
Electronic Data Involved: privilege log metadata
Keywords: privilege log, metadata
Key Insight: Discovery is not disproportionate just because you say so. Insufficient privilege log.
Nature of Case: Class action involving alleged improper classification of independent contractor status.
Electronic Data Involved: Production of emails in response to Plaintiffs’ requests.
Keywords: Produce all documents responsive to Plaintiff’s search terms. Duplicative and not proportional.
Key Insight: whether party can be forced to use TAR v. search terms
Nature of Case: product liability
Electronic Data Involved: email and documents
Keywords: viagara, forced TAR
Key Insight: NDA adequately protects confidential and/or privileged information during forensic examination
Nature of Case: employment discrimination
Electronic Data Involved: email
Keywords: forensic examination
Key Insight: no adverse inference for inadvertent destruction of evidence
Nature of Case: Fair Debt Collection Practices Act (FDCPA)
Electronic Data Involved: ledgers
Keywords: condo association
Key Insight: Sanctions for delays caused by bad faith reliance on a vendor for a small production.
Nature of Case: discovery delays
Electronic Data Involved: archived e-mail
Keywords: discovery delay, discovery vendor, small production, bad faith
Key Insight: If a party claims no responsive documents are found, they must provide a response that indicates the steps taken to determine that no responsive documents exist
Nature of Case: Prisoner self harm
Electronic Data Involved: E-mails
Keywords: Prisoner, self harm, pro se,
Key Insight: Oracle’s lawyers did not read the ESI produced to them, and instead accused Google of withholding critical evidence (that had been produced).
Nature of Case: Copyright infringement.
Electronic Data Involved: ESI produced by Google.
Keywords: This case shows the critical importance of electronic document review. Discovery-concealment misconduct.
Key Insight: The special master considered relevancy to be as broad as the subject matter, which is broader than the scope of discovery contemplated by Rule 26… did not satisfy its burden to show that the information it requests from Highmark is relevant, the court is not required to analyze whether that request is proportional to this case
Nature of Case: Antitrust
Keywords: Reasonably Calculated
Key Insight: proportionality with regards to relevancy
Nature of Case: Products Liability
Electronic Data Involved: Communications between foreign entities that sell the product and foreign regulatory bodies regarding the products
Keywords: Proportionality, marginally relevant, relevancy
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