Key Insight: The crime-fraud exception invalidates attorney client privilege protections with regards to an internal investigation of an employee now known to have stolen proprietary documents and shared them with her supervisor.
Nature of Case: Theft of confidential business documents
Electronic Data Involved: database containing proprietary information
Keywords: proprietary information, theft, crime-fraud exception
Key Insight: whether sanctions are appropriate where defendant donated plaintiff’s computer per usual practice but after receiving preservation notice
Nature of Case: workplace discrimination
Electronic Data Involved: deleted electronic records
Keywords: sanctions, destruction, failure to preserve
Key Insight: whether failure of preserve documents is proof of lost relevant documents for 37(e) sanctions
Nature of Case: Strict product liability
Electronic Data Involved: deleted electronic records
Keywords: superficial cracks
Key Insight: sexual harassment complaints discoverable
Nature of Case: workplace discrimination
Electronic Data Involved: investigation documents
Keywords: fire department pattern of sexual harassment
Key Insight: whether showing of prejudice is necessary for 37(e) sanctions
Nature of Case: dissolution of business
Electronic Data Involved: emails, deleted electronic records
Keywords: Quickbooks
Key Insight: whether the burden or expense of the proposed discovery outweighs its likely benefit
Nature of Case: trademark infringement
Electronic Data Involved: emails
Keywords: cheapo, cheapoair
Key Insight: emails included third parties and were not proven to be attorney client privilege and have been improperly withheld
Nature of Case: Breach of contract
Electronic Data Involved: emails improperly withheld as Attorney-client privilege.
Keywords: Attorney-client privilege, improperly withheld, emails copied to third parties.
Key Insight: jurisdictional discovery denied after plaintiff did not narrow scope of requests
Nature of Case: common nuisance
Electronic Data Involved: documents
Keywords: jurisdictional discovery
Key Insight: relevant to see if distracted driving but three days worth disproportionate
Nature of Case: personal injury
Electronic Data Involved: cell phone records
Keywords: truck driver’s cell phone activity to see if distracted
Key Insight: privilege was waived because a public relations firm took part in the email exchanges adn they were not identified on the privilege log
Nature of Case: Trademark infringement
Electronic Data Involved: emails that were claimed to be privileged
Keywords: waived privilege, attorney-client privilege, work product, third party communication waiving privilege.
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