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
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
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)
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
Key Insight: Sanctions were appropriate for a fraudulently edited email entered into evidence
Nature of Case: Judge removal
Electronic Data Involved: E-mails
Key Insight: Which search terms are to be used to identify responsive ESI
Nature of Case: Construction litigation
Electronic Data Involved: Email and other ESI
Key Insight: False statements about loss of evidence more easily prove intent wrt spoliation
Nature of Case: Breach of contract
Electronic Data Involved: Emails
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,
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
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
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