In re Modern Plastics Corp. v. New Products Corp., No. 17-2256 (6th Cir. Apr. 26, 2018)
Key Insight: Attorney’s fees for unduly burdensome third party subpoenas are compensated
Nature of Case: Trusts and estates
Electronic Data Involved: Emails
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
King v. Fleming, No. 17-3095 (10th Cir. Aug. 15, 2018)
Key Insight: Sanctions were appropriate for a fraudulently edited email entered into evidence
Nature of Case: Judge removal
Electronic Data Involved: E-mails
Brooks Sports, Inc. v. Anta (China) Co., Ltd. 1:17-cv-01458 (E.D. Virginia, 2018)
Key Insight: Failure to produce discovery and making misrepresentations about the nature and content of documents so as to not produce them.
Nature of Case: trademark infringement
Electronic Data Involved: business documents, text messages, personal messages of employees.
Keywords: Compel, “chinese privacy law” misrepresentation,
Experience Hendrix, L.L.C. et. al., v. Pitsicalis et al, No. 1:17-cv-01927-PAE (S.D.N.Y. Nov. 28, 2018)
Key Insight: Failure to disclose computing devices or to preserve documents, and doing so intentionally led to an adverse inference
Nature of Case: Intellectual property infringement (trademark and copyright)
Electronic Data Involved: Electronic documents, text messages
Keywords: Spoliation, Hendrix, adverse inference, anti-forensic software
U.S. v. Leyva, No. 16-cr-20723 (E.D. Mich. Nov. 26, 2018)
Key Insight: CSLI, privacy, Stored Communications Act, SCA
Nature of Case: conspiracy to possess with intent to distribute a controlled substance, attempted possession of a controlled substance with intent to distribute
Electronic Data Involved: cell site location information
Keywords: Fourth Amendment, good-faith exception, federal rule of criminal procedure 33(a), warrant, exclusion of evidence, motion for a new trial