Key Insight: Defendant’s unsupervised and under inclusive ESI searches remedied by additional searches and disclosure of previous search paramaters
Nature of Case: Fraudulent telemarketing
Electronic Data Involved: Audio recordings
Keywords: Telemarketing, Fishman, mortal mistake
Key Insight: whether the 37(e) sanctions are appropriate
Nature of Case: Invasion of privacy
Electronic Data Involved: metadata, active data from laptop
Keywords: ipad
Key Insight: whether failure to maintain e-mail website domain and preserve e-mails it contained demonstrated “intent to deprive” under Rule 37(e)
Nature of Case: trade secret
Electronic Data Involved: e-mail, e-mail website domain
Keywords: superfluous
Key Insight: whether the plaintiff is required to identify the specific fields of information for Rule 26(f) conference
Nature of Case: Violation of TCPA
Electronic Data Involved: telephone calls from autodialing system
Keywords: autodialing system
Key Insight: relevance, proportionality, undue burden, relative access
Nature of Case: contract dispute
Electronic Data Involved: sweeping document request
Keywords: motion to quash, defunct entity, third party subpoena
Key Insight: Producing illegible, blurry, or documents in an obscure file format may require reproduction of legible versions of the documents and the costs of the motion to compel that production are on the at-fault party
Nature of Case: Contract dispute
Electronic Data Involved: Electronic documents
Keywords: Quality, blurry, black and white, color, mbox
Key Insight: objection that requests are not relevant because requesting party’s defense is meritless is sanctionable
Nature of Case: interception of communication, defamation
Electronic Data Involved: email, text messages, calendars
Keywords: improper objection sanctioned
Key Insight: Fourth Amendment, state actor, criminal activity
Nature of Case: unemployment insurance fraud
Electronic Data Involved: text messages, images
Keywords: Civil capacity, cell phone, insurance investigation,
Key Insight: spoliation
Nature of Case: Fair Labor Standards Act, retaliation
Electronic Data Involved: mobile phone data, text messages
Keywords: spoliation, sanctions, preservation, reasonable steps, intent to deprive, negligence
Key Insight: Plaintiff produced cast majority of document after discovery cutoff. Court ruled that this warranted sanctions and excluded them from using those document, jury instruction , excluded their expert testimony and awarded attorneys fees to defendant.
Nature of Case: Breach of Contract
Electronic Data Involved: Cash Transaction Records
Keywords: Sanctions, production after deadline, expert opinions
Copyright © 2022, K&L Gates LLP. All Rights Reserved.