Key Insight: Spoliation claims should be brought up during discovery as a motion to compel, not summary judgment, spoliation also requires an intent to deprive
Nature of Case: Product defect
Electronic Data Involved: Electronic car records
Keywords: spoliation, summary judgment, camping world, motor home
Key Insight: Sampling the null set is appropriate and proportional
Nature of Case: Antitrust
Electronic Data Involved: Electronically stored documents generally
Keywords: prescription medication, Acthar, clowns, TAR,
Key Insight: Compelling Defendant to produce ESI prior to parties reaching an impasse
Nature of Case: Fair Labor Standards Act (FLSA) collective action
Electronic Data Involved: all ESI germane to identified corporate custodians and 30(b)(6) corporate representatives, share drive content
Keywords: impasse, corporate custodian, 30(b)(6) witness, inability to cooperate, randomized, share drive
Key Insight: Trial Court had denied request for documents. Third Circuit remanded for further review based off four-factor discretionary test after finding that it met the basic statutory requirements to be considered.
Nature of Case: Trade Secret
Electronic Data Involved: Documents in US, desired for foreign matter
Keywords: foreign proceeding.
Key Insight: Production of nearly 170 thousand documents containing almost 2.6 million pages (app. 72% of total production) weeks before depositions to start was not sanctionable as Plaintiff had fought to keep broad discovery requests.
Nature of Case: Inadequate and Substandard Care in State Facilities
Electronic Data Involved: Email and Documents
Keywords: Proportionality; Document “Dump”
Key Insight: Discoverability of the identity and communications of users of anonymous messaging services.
Nature of Case: Suit against supporters of “Unite the Right” rally
Electronic Data Involved: anonymous communications, anonymous user account info, Discord records
Keywords: anonymous communications, stored communications act, first amendment rights, Discord, third party subpoenas
Key Insight: Non-party ESI must be in the possession, custody or control; phone not city owned, no consent given by city official- did not require production; prior phone and service provider required supplemental briefing regarding service provider contractual obligations
Nature of Case: Civil Rights
Electronic Data Involved: Cell Phone/Text Messages
Keywords: text messages, phones, service provider, consent, ownership
Key Insight: temporal limitations on document discovery
Nature of Case: abatement and remediation of pollution
Electronic Data Involved: electronic records
Keywords: temporal scope, temporal limitations, relevant time period, work-product protection, 30(b)(6) notices
Key Insight: Defendant misrepresentations to the Court about its flawed discovery process.
Nature of Case: alleged illegal detainment class action
Electronic Data Involved: missing metadata, deleted electronic records
Keywords: adverse inference finding, hard drives, warrantless arrestees, unconstitutional policy, deliberate indifference.
Key Insight: plaintiff has failed to provide any of the documents or e-mails that purportedly supports his claims and has made boilerplate objections with no further explanations
Nature of Case: Driver’s Privacy Protection Act violation
Electronic Data Involved: e-mails
Keywords: “Lopez only points to what he believes to be his conclusive victory on the ‘knowingly’ requirement”, “Lopez?s boilerplate objections to this interrogatory are overruled”, “Lopez responds that his counsel has already provided Herring with the requested documents described in his initial disclosures”
Copyright © 2022, K&L Gates LLP. All Rights Reserved.