Legal issues, news and best practices relating to the discovery of electronically stored information.
Key Insight: whether discovery should extend beyond the period of the statute of limitations
Nature of Case: Breach of implied warranty of merchantability
Electronic Data Involved: e-mails
Keywords: label, trans fat, heightened showing
Key Insight: whether discovery requests are overbroad
Nature of Case: Class Action alleging violations of the Telephone Consumer Protection Act
Electronic Data Involved: documents listing people requesting not to be called and people that were called incorrectly, and people who did not have contracts with teh Defendant.
Keywords: overbroad, discovery requests, protective order, motion to compel
Key Insight: Denied motion to compel ESI Protocol filed 7 days after close of discovery where party made repeated demands for ESI but did not engage in establishing ESI protocol
Nature of Case: False Claims Act
Keywords: ESI Protocol
Key Insight: failing to produce ESI in native format with associated metadata.
Nature of Case: Civil action for deprivation of rights
Electronic Data Involved: PDF documents
Keywords: Metadata, native format, ESI in native format
Key Insight: Evidence was sought by intervenor to determine whether their own enforcement actions to be taken. motion denied due to privacy of third parties
Nature of Case: Wire Fraud Criminal Case
Electronic Data Involved: Evidence in trial
Keywords: evidence, intervenor, third party
Key Insight: click-wrap arbitration agreement with discovery limitations was enforceable.
Nature of Case: age and disability wrongful termination
Electronic Data Involved: various discovery requested by plaintiff
Keywords: click-wrap agreement, discovery limits in arbitration
Key Insight: production from additional custodians not justified because expensive and not fruitful to date
Nature of Case: TRO
Electronic Data Involved: emails
Keywords: additional custodians
Key Insight: Hague convention may be used to take the deposition of a former employee living in London.
Nature of Case: class action alleging securities fraud
Keywords: hague convention, letter rogatory
Key Insight: Relator in FCA case reqeusted presentations by defendant to government during governmental investigation. Judge ordered defendant to produce the presentations.
Nature of Case: False Claims Act
Electronic Data Involved: presentations to government
Keywords: FCA, False Claims Act
Key Insight: Whether the plaintiffs were prejudiced by not being permitted to request additional discovery
Nature of Case: petition to vacate arbitration award
Electronic Data Involved: general additional discovery
Keywords: prejudice, vacate award,
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