Key Insight: One party failing to perform their duties in discovery does not absolve the other party’s failures
Nature of Case: Breach of contract
Electronic Data Involved: Electronic documents generally
Keywords: “I know you are, but what am I?” , playground tantrum, unclean hands
Key Insight: Defendant’s motion (granted) to compel discovery from various plaintiff sources of ESI, including social media accounts.
Nature of Case: slip and fall injuries
Electronic Data Involved: emails, text messages, FitBit, social media
Keywords: slip and fall, social media, reflective of an individual’s contemporaneous emotions and mental state.
Key Insight: Providing evidence of voluminous discovery allows for narrowing of search terms
Nature of Case: Patent infringement
Electronic Data Involved: Electronic documents
Keywords: Webasto, Jeep,
Key Insight: government acquisition of cell site location information (CSLI); Fourth Amendment
Nature of Case: Criminal
Electronic Data Involved: cell site location information (CSLI)
Keywords: cell site location information (CSLI); Fourth Amendment, search, third-party doctrine, location data, seizure, voluntarily shared, warrant, cell phone, expectation of privacy
Key Insight: 3rd party access to another entity’s electronic database. On appeal, discovery order vacated on four factors: inadequate data request, no evidence that search would find responsive data, order requested data outside plaintiff’s original request, order improperly granted access to data outside litigation’s scope.
Nature of Case: Trade secret theft and interference with patient relationships
Electronic Data Involved: electronic practice management systems in the cloud
Keywords: 3rd party, expert, search, electronic database, cloud, undue intrusion, beyond the scope.
Key Insight: Can a party “reserve” objections to discovery for trial, or answer recovery “on a rolling basis”?
Nature of Case: Discrimination
Keywords:
Key Insight: Petitioner met statutory requirements under Section 1782, but not the discretionary factors. Circuit court affirmed denial of discovery request.
Nature of Case: European Patent Case
Electronic Data Involved: Documents in US for use in European Case
Keywords: Foreign Proceeding
Key Insight: application of spoliation sanctions occurring in past matters
Nature of Case: product liability
Electronic Data Involved: electronic records, e-mails
Keywords: spoliation, prior sanctions, intent to deprive, prejudice, adverse instruction
Key Insight: Lack of communication regarding extending discovery timeline doesn’t entitle a party to additional time
Nature of Case: workplace discrimination
Electronic Data Involved: Documents
Keywords: discovery timeline, reopening discovery, lack of communication, radio silence
Key Insight: The common interest exception to AC privilege allowing the presence of a third party doesn’t apply when the third party is not represented by counsel
Nature of Case: patent infringement
Electronic Data Involved: archived email
Keywords: common interest doctrine, privilege, third party, common legal strategy, unrepresented party
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