Key Insight: whether the defendant acted with the intent to deprive plaintiff of the information’s use in the litigation
Nature of Case: personal injury
Electronic Data Involved: videotape
Keywords: videotape, garage door
Key Insight: denied as overbroad but ordered to produce responsive text messages
Nature of Case: workplace discrimination
Electronic Data Involved: cell phone data and text messages
Keywords: cant request all call info with coworkers, only relevant documents
Key Insight: whether giving compelling reason is necessary for the court to supplement an order to obey the law
Nature of Case: breach of contract
Electronic Data Involved: employment records and emails
Keywords: receivership estate, mass layoffs
Key Insight: Stored Communications Act precludes Facebook from complying with a subpoena that requested contents of communications on the social media platform
Nature of Case: Criminal appeal, Murder
Electronic Data Involved: Social media accounts
Keywords: social media, facebook, SCA, subpoena, Criminal, serious constitutional doubt
Key Insight: Defendant’s email archive system had had issues and was replaced before litigation filed, but servers were kept. Stubbed E-mail attachments were inaccessible. defendant showed attachments were potentially relevant and motion to compel was granted. Costs were to be split since it would be undue burden on plaintiff alone and they had not acted in bad faith.
Nature of Case: Patent Infringement
Electronic Data Involved: Stubbed E-mail Attachments
Keywords: Restoration, undue burden, bad faith, cost shifting
Key Insight: Documents produced without metadata did not have natural organization that made finding documents reasonably possible. Burden of showing natural organization is proper rests on party producing documents.
Nature of Case: Civil Rights – Wrongful Conviction
Electronic Data Involved: Various ESI
Keywords: Organization; usual course of business; metadata or identifying information
Key Insight: Recorded phone call between party and copyright agent regarding image timing confidential at prelitigation phase
Nature of Case: copyright dispute
Electronic Data Involved: phone call recording
Keywords: protective order, confidential phone call, work-product
Identified State Rule(s): FRBC Rule 4-4.1, 4-1.2
Identified Federal Rule(s): 26(b)(3), 37(a)(5)
Key Insight: law enforcement investigative privilege, law enforcement evidentiary privilege
Nature of Case: insurance coverage litigation
Electronic Data Involved: 911 recordings, video footage, photographs, witness statements, contact information, arrest and intake records
Keywords: in-camera inspection, law enforcement, investigative privilege, evidentiary privilege, particularity
Key Insight: Plaintiff and Defendant’s motions to compel are both granted and denied in part
Nature of Case: Trademark rights, and when TM protection ends
Electronic Data Involved: e-mails, telephone call, business documents, the product in question, interrogatories
Keywords: Trademark, trade secrets, modification, proportional, executive
Key Insight: Objection to RFP unreasonable on basis that opposing party failed to provide search terms since each party has independent obligation to produce relevant documents but noted failure to participate
Nature of Case: Patent infringement
Electronic Data Involved: emails and business records
Keywords: search terms
Copyright © 2022, K&L Gates LLP. All Rights Reserved.