Key Insight: proportionality, spoliation sanctions
Nature of Case: wrongful termination
Electronic Data Involved: text messages, e-mails
Keywords: spoliation, forensic imaging, relevance, duty to preserve, intent to deprive, prejudice, attorney’s fees
Key Insight: Foreign Government statements should be weighed by 5 factors. Courts should afford consideration, but are not bound to conclusively accept the statements of foreign governments.
Nature of Case: Price Fixing
Electronic Data Involved: Foreign Government Statement
Keywords: Foreign Law
Key Insight: discoverability of Facebook messages
Nature of Case: Breach of fiduciary duty, ERISA
Electronic Data Involved: Facebook private messages, Facebook post
Keywords: 37(a), Facebook, private messaging, relevance, work product doctrine, common interest privilege
Key Insight: Whether a subpoena for document production is subject to the 100-mile limitation of FRCP 45
Nature of Case: breach of contract, bad faith, unjust enrichment, fraud
Electronic Data Involved: electronic records
Keywords: FRCP 45, 45(c)(2)(A), 100 mile limit, subpoena duces tecum, nonparty production
Key Insight: whether a FRCP 56(d) motion will be granted when the moving party, in bad faith, fails to conduct discovery diligently
Nature of Case: breach of contract
Electronic Data Involved: billing records
Keywords: summary judgment; additional discovery
Key Insight: There do not seem to be discovery issues
Nature of Case: Copyright/trademark
Electronic Data Involved: Youtube video
Keywords: Foreign service, serve via email, video games
Key Insight: Court limited use of foreign materials to those relevant to the case. Only items where respondent involved were allowed.
Nature of Case: Fraud
Electronic Data Involved: Materials used in foreign legal proceedings
Keywords: Foreign Proceedings
Key Insight: whether specific discovery could be compelled to complete a deposition with no real argument of relevancy
Nature of Case: trade secret infringement
Electronic Data Involved: board minutes discussing third-party litigation funding
Keywords: Third-party litigation funding, board minutes, deposition
Key Insight: Failure to disclose ID Card and expert report on testing precluded use of them
Nature of Case: Wrongful Death
Electronic Data Involved: Identification Card
Keywords: Expert Reports; Failure to Disclose
Key Insight: sanctions for failure to produce emails between plaintiff’s counsel and third party in response to discovery requests
Nature of Case: private nuisance, breach of contract
Electronic Data Involved: e-email
Keywords: “obligation to disclose communications between its attorney and third parties”, “proposed sanction is an extremely harsh sanction”, “frequently corresponded by e-mail with numerous third parties”, “privilege log”
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