Key Insight: Do not challenge authenticity of a document when an identical copy is in possession
Nature of Case: Loan contract
Electronic Data Involved: Electronic copy of contract
Keywords: Sanctions, mislead, abuse of discretion, bad faith, authenticity, perjury
Key Insight: third-party, relevancy, “objections lack support and do not adequately provide a basis for the Court to grant them”
Nature of Case: Antitrust, consumer protection, racketeering
Keywords: overbroad, unduly burdensome, boilerplate, quash
Key Insight: Spoliation; Duty to preserve; AC/WP; Voluntary disclosure doctrine
Nature of Case: Personal injury
Electronic Data Involved: ESI; Videos; Digital data and metadata; Photographs; SD/media card; email; Forensic exam of cell phone
Keywords: Dishonest report of personal injury; Summary Judgment; FRSA; LIA; Spoliation; dispositive sanctions; extraordinary circumstances; Willfulnes; Bad Faith; Prejudices; adverse inference; misappropriated documents; AC/WP
Key Insight: Phone in Wife’s name did not prevent Plaintiff from being able to produce records that Plaintiff’s claim made relevant
Nature of Case: Employment Dispute
Electronic Data Involved: Cell Phone Records
Keywords: cell phone, records in spouse’s name
Key Insight: disclosure of public posts, accessible to only specified recipients, 18 U.S.C. ? 2701 (Stored Communications Act)
Nature of Case: Murder
Electronic Data Involved: social media of prosecution witness
Keywords: deleted posts, public, private, Stored Communications Act, Facebook, Twitter, Instagram, implicit consent
Key Insight: Preservation orders should be commenced as soon as possible
Nature of Case: Discovery
Electronic Data Involved: E-mail
Keywords: Litigation hold, Preservation, Sanctions
Identified State Rule(s): North Carolina Rules of Civil Procedure 26(g), 37(b)(2)
Key Insight: Whether Plaintiffs have the right to review a database to determine if it is truly duplicative to what has already been produced.
Nature of Case: Housing discrimination
Electronic Data Involved: duplicative database, “Victor database”
Keywords: Database, duplicative, duplicate, Broad request
Key Insight: Retention policy; Summary Judgment; Adverse inference; Spoliation
Nature of Case: Slip and Fall
Electronic Data Involved: ESI; Security video; Correspondence
Keywords: Retention policy; Summary Judgment; Adverse inference; Spoliation; Bad Faith
Key Insight: Terminating case is an appropriate sanction if there’s bad faith pre-litigation conduct
Nature of Case: corporate self dealing
Electronic Data Involved: Documents
Keywords: sanctions, terminate case, misconduct, bad faith
Key Insight: Intentional deletion of accounts does not lead to prejudice if the data is still accessible, but does lead to an adverse inference when the data is not
Nature of Case: Copyright infringement
Electronic Data Involved: “sock puppet” accounts and related data
Keywords: Sock puppet accounts, adverse inference, spoliation sanctions
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