Key Insight: Where defendant did not timely object to document requests and belated privilege log was inadequate, court determined that attorney-client privilege and work product protection had been waived and ordered production
Nature of Case: Insurance coverage
Electronic Data Involved: Insurer’s computerized “Z-note” file contents related to particular claim
Key Insight: Where, after months of discovery disputes, reports upon which defendant urged plaintiff to rely in lieu of full database turned out to be inaccurate, court denied plaintiff’s motion for entry of default judgment for discovery abuse and instead postponed trial so that defendant could produce accurate information; however, court imposed monetary sanctions against defendant representing plaintiff’s legal and expert fees for time spent working with inaccurate data
Nature of Case: Employment discrimination
Electronic Data Involved: Database, reports, electronic data
Key Insight: Supreme Court of Wisconsin quashed as overbroad a “John Doe” subpoena seeking all digital computer information or data maintained by the legislature’s technology services bureau, stored by or on behalf of certain named elected officials, any person who had ever been employed in their offices, as well as anyone who had ever been employed in the legislative caucuses for both parties or, in the alternative, the backup tapes from December 15, 2001, for the entire legislative branch of government
Nature of Case: Criminal investigation relating to political caucuses and actions of certain legislators
Electronic Data Involved: All digital computer information or data, and backup tapes for the entire legislative branch of government
Key Insight: Court denied government’s motion to compel production of opposing party’s rebuttal expert’s proprietary database since rebuttal expert report complied with Fed. R. Civ. P. 26(a)(2)(B) and no further disclosures were warranted
Nature of Case: Taxpayer petition for readjustment
Electronic Data Involved: Proprietary database maintained by taxpayer’s rebuttal expert
Key Insight: Dismissal of complaint was appropriate sanction for fraud on the court consisting of plaintiff’s forging email, swearing to its authenticity, and continuing to insist on its authenticity while independent computer expert investigated the matter and ultimately concluded the email was fabricated; plaintiff ordered to pay costs and fees of expert and defendants’ attorney’s fees and costs related to discovery of the fraud
Nature of Case: Breach of contract
Electronic Data Involved: Forged email
Key Insight: Court entered preservation order requiring preservation of all extant backups or images of all servers or personal computers containing disputed software or email; court denied motion to compel imaging of all media potentially containing software or electronic evidence relevant to the claims in the suit, and all images of defendants’ computer storage facilities, drives and servers taken to date, as substantially overbroad
Nature of Case: Copyright infringement
Electronic Data Involved: Backups and images of servers, software and email
Key Insight: Brief reference in footnote 9 to court’s previous oral ruling enjoining defendant from destroying or erasing any files from her home computer and directing defendant to give the computer to her lawyer so as to preserve potential evidence
Nature of Case: Employer sued former employee alleging she posted false job postings on web site and caused unsolicited job applications and pornographic email to be sent to employer
Electronic Data Involved: Home computer
Key Insight: Order allowing plaintiff unrestricted access to defendant’s computer system quashed, because the order allowed plaintiff unrestricted access to defendant’s computer system, including all of his programs and directories, without protection for any privileged or confidential information and without safeguards or restrictions to minimize any potential harm to the computer system
Nature of Case: Breach of contract suit between former partners
Electronic Data Involved: Inspection of computer system to search for financial information
Key Insight: Where plaintiff demonstrated that allowing defendant unrestricted access to database would result in a clearly defined and serious injury, court held that plaintiff’s “confidential – attorneys’ eyes only” designation was appropriate and denied motion to compel
Nature of Case: Contract dispute
Electronic Data Involved: Database containing research data
Key Insight: Defendant’s discovery abuse and destruction of evidence warranted monetary sanctions and default judgment
Nature of Case: Antitrust
Electronic Data Involved: Sales and inventory data
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