Key Insight: Expenses responding to a subpoena also include fees spent on narrowing scope and litigation about the subpoena
Nature of Case: Discovery dispute
Keywords: Subpoena, reimbursement, third-party, cost shifting
Key Insight: spoliation sanctions
Nature of Case: breach of contract
Electronic Data Involved: e-mails
Keywords: duty to preserve, automatic deletion, permissive spoliation instruction, intent to deprive, spoliation, 37(e)(2)
Key Insight: proportionality, privacy
Nature of Case: labor dispute, class action
Electronic Data Involved: payroll records, electronic documents
Keywords: class action certification, relevance, overbroad
Key Insight: Plaintiffs said no responsive documents existed; deposition; Court awarded $25,000 of $45,000 in attorneys fees due to billing problems by defendant
Nature of Case: Statutory and Common Law Publicity Rights
Electronic Data Involved: E-Mail
Keywords: Sanctions; Timely Response; Privilege Log
Key Insight: spoliation, FRCP 37(e)
Nature of Case: Trademark infringement, unfair competition, breach of contract
Electronic Data Involved: hard copy, email, other ESI
Keywords: oral litigation hold, duty to preserve, destroyed paper files, sanctions, legal hold, sufficient procedures, bad faith, relevance, rule amendment, server migration, negligence, bad faith, gross negligence
Key Insight: Forged Skype conversation does not terminate case, but leads to attorney’s fees and adverse inference
Nature of Case: Trademark infringement
Electronic Data Involved: Skype conversation
Keywords: Skype, forgery, GoPro, ABYSS
Key Insight: motion to compel supplemental discovery responses
Nature of Case: copyright infringement suit
Electronic Data Involved: “documents” “financial documents” “going back 30 years”
Keywords: waived privilege, clearly erroneous, motion to compel
Key Insight: Willfull failure to produce records in discovery; Adverse inferences
Nature of Case: Contract
Electronic Data Involved: ESI
Keywords: Summary Judgment; Spoliation; Sanctions; Bad Faith; Mechanics lien; discovery delay; failure to produce records
Key Insight: Expert opinion re spoliation is discarded. Spoliation motion denied since plaintiff has not shown that there was intent to deprive or that she has suffered any prejudice.
Nature of Case: Excessive force
Electronic Data Involved: Video of the subject of litigation
Keywords: spoliation, intent to deprive, prejudice, expert, affidavit, sanctions
Key Insight: requiring creation of new documents, proportionality
Nature of Case: breach of contract
Electronic Data Involved: electronic records
Keywords: timeliness, relevance, raw data, create, creation of documents, cost-shifting, preclusion order
Identified Local Court Rule(s): Loc. Civ. R. 37.1
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