Key Insight: Request to reproduce documents in a format conforming to rules is not unreasonable, native (usual course of business) format does not entitle a party to all metadata (must be requested specifically)
Nature of Case: Insurance coverage litigation
Electronic Data Involved: Electronic documents (metadata)
Keywords: PDF, native, format, usual course of business, metadata
Key Insight: propriety of video deposition, privilege, scope of discovery
Nature of Case: challenge to Kansas documentary proof of citizenship law
Electronic Data Involved: video deposition
Keywords: protective order, joint proposal, video deposition, sanctions, confidentiality
Key Insight: Direct inspection of mobile devices for specific information (browsing history/cookies) or the full web browsing history/cookies is not proportional to matters regarding a single company’s websites
Nature of Case: Data privacy
Electronic Data Involved: Cookies, internet history
Keywords: zombie cookie, Verizon, respawn, orwellian irony
Key Insight: With prior notive, any party can specify another method of recording testimony than was in the original notice
Nature of Case: Admiralty action
Electronic Data Involved: Videotaped deposition
Keywords: Protective orders, EU,
Key Insight: accessibility of data
Nature of Case: Violations of the FCRA
Electronic Data Involved: information related to similar lawsuits and consumer complaints
Keywords: data, searchable, accessible, access*, undue burden,
Key Insight: Attorney sanctions for dishonest conduct and willful interference with discovery process
Nature of Case: Employment discrimination
Keywords: attorney misconduct, dishonest conduct, false testimony
Key Insight: proportionality, undue burden, ESI protocol terms, privilege
Nature of Case: trademark infringement
Electronic Data Involved: electronic records
Keywords: random sample, random sampling, responsiveness, responsive documents
Key Insight: consent order provisions are inconsistent to support an injunction
Nature of Case: violation of a consent order from a settlement.
Electronic Data Involved: consent order from 1988 and script of the movie under injunction
Keywords: consent order, inconsistent, insufficiently precise
Key Insight: Non-ideal conduct related to discovery does not automatically rise to “willfully deceiv[ing]” the court for dismissal sanctions, failure to produce discovery in a timely manner leads to cost shifting
Nature of Case: Trademark infringement
Electronic Data Involved: Electronic documents generally
Keywords: “routine document destruction,” sticker,
Key Insight: Available resources plays into undue burden decision making and when part of the data has already been produced, relevance has already been conceded
Nature of Case: Infringement
Electronic Data Involved: Telemetry data
Keywords: Telemetry data, GPDR
Copyright © 2022, K&L Gates LLP. All Rights Reserved.