Key Insight: Sanctions because party violated court order to produce expert witness for deposition and didn’t notice until afterwards
Nature of Case: employee class action
Electronic Data Involved: expert witness deposition
Keywords: expert deposition, timing, subpoena , sanctions, expert witness, expert fees, court order violation
Key Insight: Filings for spoliation sanctions should be timely, years after alleged destruction suggests untimely
Nature of Case: Insurance subrogation
Electronic Data Involved: Testing data from safety devices
Keywords: Spoliation, sanctions, boiler
Key Insight: what duty plaintiff has to preserve relevant evidence in anticipation of litigation
Nature of Case: product liability claim
Electronic Data Involved: No ESI, issue around Ford Explorer tire tread.
Keywords: plaintiff duty to preserve evidence
Key Insight: Whether evidence on which the ruling is based can be redacted and kept from the public
Nature of Case: Multi-district product liability
Electronic Data Involved: evidence placed under seal
Keywords: under seal, redaction
Key Insight: “Tweets” and Presidential Memo indicate there are individuals with discoverable information
Nature of Case: Injunctive Relief
Electronic Data Involved: Twitter “Tweets”
Keywords: Twitter, discoverable information, disclosure
Key Insight: clawback, claw back, waiver, inadvertent disclosure
Nature of Case: RICO, Personal Injury, Product Liability
Keywords: clawback, claw back, waiver, waived, inadvertent disclosure, inadvertence, attorney-client privilege
Key Insight: Routine deletion of emails/lack of archival service leads to sanctions, but may not be considered intentionally depriving opposing counsel depending on the circumstances
Nature of Case: Trade-dress infringement
Electronic Data Involved: Emails
Keywords: sanctions, preclusion order, beads
Key Insight: admissibility of evidence of spoliation without a finding of an intent to deprive
Nature of Case: personal injury
Electronic Data Involved: video tape
Keywords: intentional spoliation, adverse inference or presumption, Louisiana, negligence, bad faith
Key Insight: reproduction of files in TIFF format, review production for responsiveness
Nature of Case: False Claims Act
Electronic Data Involved: emails, electronically stored documents, transaction data
Keywords: TIFF, native format, overly burdensome, technology assisted review, TAR, Image Files, Bates number
Key Insight: Provide only the information requested, especially if it is simple database records, additional work will not be compensated
Nature of Case: Horse Protection Act
Electronic Data Involved: Database records
Keywords: Horse, soring, cost-sharing
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