Key Insight: Whether downloading spyware is sufficient circumstantial evidence could result sanction under rule 37(e)(2)
Nature of Case: computer fraud
Electronic Data Involved: deleted electronic records
Keywords: spyware, digital fingerprints
Key Insight: parties unable to identify search terms that satisfy court direction for “appropriate search terms.” Attorney is not required to offer opposing counsel his or her own ideas about how to narrow a particular search.
Nature of Case: wrongful termination
Electronic Data Involved: approximately 24,000 emails
Keywords: reasonable scope, search terms, format, sampling
Key Insight: denied forensic imaging of ESI because too expensive and intrusive
Nature of Case: Trade Secret Misappropriation
Electronic Data Involved: Forensic imaging of ESI
Keywords: mentions Sedona principles
Key Insight: whether to wait eve of trial could undertake the necessary fact finding to resolve issues that the plaintiff raises
Nature of Case: Violation of TCPA
Electronic Data Involved: call records
Keywords: spreadsheet, dialing system
Key Insight: Redactions of sensitive customer information unjustified where protective order in place
Nature of Case: Libel, Assault, Slander
Electronic Data Involved: emails and business records
Keywords: redactions
Key Insight: whether plaintiff has a duty preserve audio recordings prior to counter claims
Nature of Case: breach of contract
Electronic Data Involved: Audio recordings
Keywords: trespass to chattels, conspiracies, replevin
Key Insight: Denied discovery of cell phone location data because information available from less intrusive sources
Nature of Case: medical malpractice
Electronic Data Involved: location data
Keywords: cell phone location data
Key Insight: communication between agency and client relevant but too burdensome in relation to claims
Nature of Case: Fair Debt Collection Practices Act (FDCPA)
Electronic Data Involved: communication between collection agency and hospitals
Keywords: hospital collections
Key Insight: failure to preserve electronically stored information. Claim that no spoliation occurred because records are available from 3rd parties. Under 37(e), information is lost only if it is irretrievable from another source.
Nature of Case: Improper business practices
Electronic Data Involved: google email accounts and electronic dealer management system records
Keywords: failure to preserve. “it cannot be restored or replaced through additional discovery.” FRCP 37(e)
Key Insight: The court reversed the suppression of emails due to Leon good faith exception
Nature of Case: Visa fraud, Trade secrets
Electronic Data Involved: e-mails
Keywords: Probable cause, Leon good faith exception
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