Key Insight: whether terminating sanctions are appropriate where party engaged in discovery misconduct, including intentionally limiting search terms to exclude documents
Nature of Case: Trademark, Unfair Competition
Electronic Data Involved: documents
Keywords: sanctions, terminate, discovery misconduct, removed document, fraud on the court
Key Insight: whether discovery should be stayed until after dispositive motions
Nature of Case: violations of the Telephone Consumer Protection Act
Electronic Data Involved: stay of discovery
Keywords: “safe harbor” defense, stay of discovery, dispositive motions
Key Insight: general objections overruled and defendant ordered to produce records relating to profits, but does not have to disclose all documents relating to “methods of calculating” profits beyond what is necessary to understand
Nature of Case: Misappropriation of trade secrets
Electronic Data Involved: business records re profits
Keywords: general objection,
Key Insight: whether original version of narrative detailing mistreatments sent to attorney was work product; whether work product privilege attached to subsequent revisions of the same
Nature of Case: Consumer Class Action
Electronic Data Involved: withheld original document
Keywords: work product, original, altered
Key Insight: Work product protections do not attach to data automatically generated by a vehicles electronic control module.
Nature of Case: vehicle collision personal injury
Electronic Data Involved: vehicle Electronic Control Module data
Keywords: Electronic Control Module
Key Insight: Non party third parties do not have a duty to preserve in anticipation of litigation.
Nature of Case: Spoliation (property rezoning)
Electronic Data Involved: Electronic documents
Keywords: Preservation, spoliation, third-party, Shamrock
Identified State Rule(s): 440.39(7)
Key Insight: Search terms must be narrow, “condo” is too broad a term when seeking discovery from a law firm specializing in condominium law
Nature of Case: Attorney malpractice
Electronic Data Involved: Electronic data
Keywords: Malpractice, condominium, dissolution, condo
Key Insight: Bifurcation of a pst file does not constitute destruction/spoliation
Nature of Case: Employment age discrimation
Electronic Data Involved: .pst file
Keywords: pst file, “whole, untouched, pristine condition”
Key Insight: whether the government intentionally acted in a way that destroyed evidence
Nature of Case: copyright infringement
Electronic Data Involved: TETRA healthcare data federation software, hard drives, digital information
Keywords: spoliation, reasonable steps to preserve, decommissioning
Key Insight: Student witness statements or employee records are not FERPA protected “educational records,” FERPA can also be overcome through proper redactions and a demonstrable need for the information, no personal stakes in the outcome in the suit discourages disclosure of third party employment records
Nature of Case: Sex-based discrimination
Electronic Data Involved: Various electronic records
Keywords: FERPA, Western Kentucky University, Title IX
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