Dufrene v. American Tugs Inc. (District Court of Eastern Louisiana, 2018)
Key Insight: Scope of work-product doctrine
Nature of Case: Wrongful death
Electronic Data Involved: cellphone information and data
Keywords: tug
TrueNorth Cos., LC v. TruNorth Warranty Plans of N. Am. (Northern District of Iowa, 2018)
Key Insight: Protective order barring opposing council from viewing confidential materials denied for being too far
Nature of Case: trademark infringement, unfair competition
Electronic Data Involved: expert information
Keywords: trademark, protective order
Miller v. Sauberman et al., 2018 NY Slip Op 33142(U) (N.Y. Sup. Ct. Dec. 4, 2018)
Key Insight: When there are conflicting versions of a document, metadata to understand the modifications can be compelled to be produced, even with claimed significant costs
Nature of Case: Medical Malpractice
Electronic Data Involved: Metadata
Keywords: Surgery, colostomy, metadata, Fournier’s gangrene, Village Care
Identified State Rule(s): CPLR 3103
Eagle Air Med et al v. Sentinel Air Medical Alliance et al (D. Utah, 2018)
Key Insight: ordered forensic examination and sanctions (threatened terminating sanctions) for failure to disclose reconstructed hard drive
Nature of Case: personal injury
Electronic Data Involved: computer files
Keywords: converted motion for sanctions to motion to compel
Jared M. Villery v. Jeffrey Beard, et al., 1:15-cv-00987-DAD-BAM (PC), (California, Eastern District, 2018)
Key Insight: What amounts to good cause to seal relevant evidence from public view
Nature of Case: Civil Rights Action, violation of 8th amendment
Electronic Data Involved: confidential health information and confidential investigatory information obtained from witness interviews
Keywords: HIPPA, seal, confidential health information, good cause
Motorola Solutions, Inc. v. Hytera Communications Corp., No. 1:17-cv-01973 (N.D. Ill. May 17, 2018)
Key Insight: Discovery should be proportional and limited to the issue
Nature of Case: Intellectual Property (trade secrets)
Electronic Data Involved: All electronic data
Steves and Sons, Inc. v. JELD-WEN, Inc., No. 3:16-cv-00545-REP (E.D. Va. May 1, 2018)
Key Insight: Spoliation sanctions must remedy the harm caused by the loss, and if documents are produced there is little loss
Nature of Case: Intellectual Property (Trade secrets)
Electronic Data Involved: E-mail
The Physicians Alliance Corporation v. Wellcare Health Insurance of Arizona, Inc, et al., No. 3:16-cv-00203-SDD-RLB (M.D. La. Feb. 27, 2018)
Key Insight: Discovery costs must be proportional to the amount in controversy ($20 million in dispute allows for at least $13,000 in discovery costs)
Nature of Case: Contract breach
Electronic Data Involved: Electronic documents/communications
Triumph Controls UK Ltd & Anor v. Primus International Holding Co & Ors, [2018] EWHC 176 (TCC)
Key Insight: Reduction of file search space can be proportional, use of CAR should be well documented and disclosed to opposing counsel
Nature of Case: Business M&A
Electronic Data Involved: Electronic records searched through computer assisted review (CAR)
United States v. Tennessee Walking Horse Breeders’ and Exhibitors’ Association, No. 17-5925 (6th Cir. March 8, 2018)
Key Insight: Provide only the information requested, especially if it is simple database records, additional work will not be compensated
Nature of Case: Horse Protection Act
Electronic Data Involved: Database records