Key Insight: Two step process of TAR and manual review of privilege negated need for in camera review
Nature of Case: declaratory relief re environmental ordinance
Electronic Data Involved: emails
Keywords: in camera review
Key Insight: sanctions affirmed for discovery violations including using data wiping software to delete files
Nature of Case: repossession
Electronic Data Involved: deleted electronic records
Keywords: earth moving equipment repossession, deleted computer files, data wiping
Identified State Rule(s): Minnesota Rule of Civil Procedure 60.02
Key Insight: While privilege logs are not explicitly required when claiming privilege, they are the best way to properly assert attorney-client privilege
Nature of Case: Contract dispute
Electronic Data Involved: Electronic documents generally
Keywords: privilege log, website, servers, car,
Key Insight: no spoliation becuase no evidence responsive data deleted and no prejudice. Oral litigation hold upheld, but be wary.
Nature of Case: Breach of Contract; Unfair Competition
Electronic Data Involved: Various ESI- personal emails, files from work computer
Keywords: oral litigation hold; spoliation
Key Insight: self-authentication
Nature of Case: Child Pornography
Electronic Data Involved: social media, and facebook chat
Keywords: must be authenticated through extrinsic or circumstantial evidence under Federal Rule of Evidence 901
Key Insight: all counterclaims dismissed and attorneys’ fees paid for willful contempt
Nature of Case: misappropriation of trade secrets
Electronic Data Involved: computer files
Keywords: severe sanctions
Key Insight: authenticating social media posts and doing timely social media investigations
Nature of Case: Criminal
Electronic Data Involved: social media posts
Keywords: Facebook, social media posts, authentication
Key Insight: Plaintiff failed to respond to discovery requests. Plaintiff also used data wiping software hours before turning computer over for forensic examination. Defendant granted default judgment.
Nature of Case: Repossession/Ownership
Electronic Data Involved: Files on Computer
Keywords: default judgment, contempt, data wipe
Key Insight: Responding party’s ability to choose search methods is not above rule of proportionality.
Nature of Case: Breach of Contract/Breach of Fiduciary Duty Action
Electronic Data Involved: Personal and business electronic devices
Keywords: “search criteria” “access[ability]” “uncovered evidence” “limit[ing] searches” “shielding” “Sedona”
Key Insight: allowing additional discover re topics discussed during deposition
Nature of Case: improper termination
Electronic Data Involved: documents and emails
Keywords:
Identified Local Court Rule(s): 37.1, 37.3
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