Key Insight: requests are overbroad, alternative “live test” proposed instead of inspection of devices.
Nature of Case: Plaintiff allegation of Defendant engagement in a click fraud scheme.
Electronic Data Involved: inspection of defendant’s computing devices (computers, phones, tablets, etc)
Keywords: wasteful discovery, common-sense concept of proportionality, Winter list
Key Insight: search terms, proportionality
Nature of Case: employment discrimination
Electronic Data Involved: electronic records
Keywords: search terms, boolean connectors
Key Insight: primarily/predominantly legal
Nature of Case: Patent Dispute
Electronic Data Involved: PowerPoint Slide Presentation
Keywords: in-house counsel
Key Insight: whether plaintiffs had met their burden to show that adequate meet and confer discussions took place prior to filing their motion to compel.
Nature of Case: 1983 Civil Rights Act claim
Electronic Data Involved: unspecified ESI
Keywords: “The burden of ensuring that proper meet and confer discussions take place is on the moving party”, plaintiffs did not make the necessary efforts to meet and confer”, “Plaintiffs were plainly deficient in their efforts”
Identified Local Court Rule(s): E.D. Cal. R. 251(b)
Key Insight: Poor compliance of discovery, including destruction of a computer, does not imply bad faith for sanctions
Nature of Case: False Claims Act
Electronic Data Involved: Electronic notes of conversations
Keywords: Spoliation, defraud, healthcare, pharmacy, prescription
Key Insight: When can a spoliation sanctions motion be brought? When does the person against whom the motion is brought have a duty to preserve?
Nature of Case: Copyright
Electronic Data Involved: online photograph
Keywords: Spoliation sanctions, metadata, native file
Key Insight: discovery misconduct sanctions
Nature of Case: breach of contract
Electronic Data Involved: electronic documents
Keywords: 37(b), pierce the corporate veil, alter ego liability, abuse of discretion
Key Insight: Whether US based discovery can be used in a foreign proceeding
Nature of Case: 28 U.S.C. 1782 request for US based Discovery to be used in a foreign proceeding
Electronic Data Involved: Business documents
Keywords: US based discovery, foreign proceeding, serve document subpoenas
Key Insight: production of ESI that party lacks possession of
Nature of Case: breach of contract
Electronic Data Involved: flash drive
Keywords: possession, relevance, custody, control, cost shifting, 34(a), non-party
Key Insight: After later learning the theory recovering lost profits is based on, parties must rely on documents produced during discovery
Nature of Case: patent infringement
Electronic Data Involved: Documents
Keywords: recovering lost profits, inexorable-flow theory damages, scope of discovery
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