Key Insight: Privacy settings do not govern scope of disclosure of social media materials
Nature of Case: Personal injury
Electronic Data Involved: Facebook posts
Keywords: Facebook, privacy setting, horse, social media
Identified State Rule(s): CPLR 3101, CPLR 3103
Key Insight: Broad requests by Plaintiff were narrowed by conference and court decision to time period during and after Defendant’s employment
Nature of Case: Misappropriation of Trade Secrets and Confidential Information
Electronic Data Involved: E-mails and Documents
Keywords: proportionality, relevancy, time-limited
Key Insight: Plaintiff traded in her cell phone, Defendant requested an adverse inference for spoliation
Nature of Case: hostile work environment and retaliation
Electronic Data Involved: text messages
Keywords: spoliation, adverse inference, text messages
Key Insight: 4 deleted messages were lost, as they could not be recovered from other defendants
Nature of Case: right to surf free from harassment
Electronic Data Involved: text messages
Keywords: spoliation, duty to preserve
Key Insight: if the district court erred in going forward with trial even though all samples were not produced in discovery
Nature of Case: patent infringement
Electronic Data Involved: samples of proposed infringing product
Keywords: production of materials, motion to compel production, sufficient evidence
Key Insight: spoliation sanctions
Nature of Case: ? 1983 civil rights action
Electronic Data Involved: videos, photographs
Keywords: spoliation, intent to deprive, 37(e)(2),negligence, prejudice 37(e)(1), duty to preserve
Key Insight: Private messages between individuals that are not defendants are protected from discovery through the Stored Communications Act even if the providing company itself is the named defendant
Nature of Case: Class action securities fraud
Electronic Data Involved: Electronic messages (twitter direct messages)
Keywords: Class action, direct message, twitter, stock
Key Insight: whether non-movant acted in bad faith or with the intent to deprive
Nature of Case: personal injury
Electronic Data Involved: surveillance video
Keywords: Eleventh Circuit, crucial, bad faith, usual course of business, broad and far-reaching request
Key Insight: Rule 37(e) governs, an expert may not opine on what a party may/may not or should/should not have done
Nature of Case: Products liability
Electronic Data Involved: business documents
Keywords: Expert, 37(e), spoliation sanctions
Key Insight: Motion (denied) for adverse inference based on alleged spoliation.
Nature of Case: 8th Amendment claims under 42 U.S.C. s. 1983
Electronic Data Involved: surveillance video
Keywords: inherent power, adverse-inference instruction
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