Key Insight: Car dealers had requested all records produced to government agencies. Court ruled that was too broad and should make more specific requests for production.
Nature of Case: Fraud
Electronic Data Involved: Documents produced to government agencies
Keywords: Reasonable particularity, subject-matter-specific-requests, scope
Key Insight: Privilege is not necessarily waived by using employer provided email (four factor test)
Nature of Case: Employment
Electronic Data Involved: Emails
Keywords: personal use, active monitoring,
Key Insight: Plaintiffs were trying to provide invoices that should have been part of their initial disclosures months after the deadline with no proof of good reasoning for it being late.
Nature of Case: unpaid attorneys fees, breach of contract
Electronic Data Involved: Untimely produced evidence
Keywords: untimely, disclosures, late discovery
Key Insight: Terminating sanctions for alleged email spoliation is premature without compelling the documents 1st
Nature of Case: copyright infringement
Electronic Data Involved: deleted emails
Keywords: software copyright, accelerated email retention policy, terminating sanctions
Key Insight: whether the US could discover communications and documents regarding a non-testifying expert’s valuation of IP in question
Nature of Case: intellectual property (IP)
Electronic Data Involved: e-mail, documents
Keywords: non-testifying expert
Identified Local Court Rule(s): RCFC 26(c); RCFC 45(d)(3)
Key Insight: relevance of search terms, proportionality
Nature of Case: breach of contract, trade secrets
Keywords: sanctions, motion to compel, search terms, third-party subpoenas, personal capacity, proportionality, attorney’s fees, current version, pending motion for protective order
Key Insight: Attorney client privilege is not waived as an “at-issue” matter simply by filing a counterclaim
Nature of Case: Worker’s Compensation
Electronic Data Involved: All communications with monitoring counsel
Keywords: Privilege, at-issue waiver
Key Insight: Court used Flury test, not FRCP 37(e), found that lack of data was not the only source of the data and that plaintiff would not be prejudiced
Nature of Case: Personal injury
Electronic Data Involved: Computer records
Keywords: FedEx, Omnitracs, Flury
Key Insight: Plaintiff failed to show that he was prejudiced by the failure to preserve surveillance footage
Nature of Case: 1983 Civil rights
Electronic Data Involved: surveillance footage
Keywords: failure to preserve, prejudice, spoliation sanctions
Key Insight: Documents produced on eve of deposition allowed for second deposition; text messages of employees not unduly burdensome; Financials in PDF form were OK assuming they were native format
Nature of Case: Fraudulent Inducement
Electronic Data Involved: Excel Spreadsheets/PDF; Text Messages
Keywords: incomplete production; native production; Proportionality
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