Legal issues, news and best practices relating to the discovery of electronically stored information.
Key Insight: whether plaintiff’s privacy rights outweigh apple’s interest in information re phone performance, updates, etc.
Nature of Case: consumer protection
Electronic Data Involved: forensic imaging
Keywords: forensic imaging iphone
Key Insight: Spoliation, failure to issue Litigation Hold,
Nature of Case: 1983 Civil Rights
Electronic Data Involved: Hard copy, video, telephone recordings
Keywords: Adverse inference, Default Judgment, Sanctions, Attorney’s fees and costs, failure to investigate, Spoliation, Intent to deprive, Reasonable steps to preserve
Key Insight: CEO emails not related enough to be proportional
Nature of Case: Patent
Electronic Data Involved: emails
Keywords: Zuckerberg emails
Key Insight: Properly clawed back privileged documents may not be relied upon for evidence in a case. However, if the contents of these clawed back documents demonstrates bad faith discovery conduct, then sanctions can still be awarded.
Nature of Case: slip-and-fall injury
Electronic Data Involved: inadvertently produced privileged documents
Keywords: clawback, bad faith, intent to deprive
Key Insight: Automatically deleted police dash cam footage is considered spoliated when a serious injury occur s during arrest.
Nature of Case: excessive use of force during arrest
Electronic Data Involved: police dash cam video and audio footage
Keywords: dash camera, police, spoliation
Key Insight: Hanging up on opposing counsel to cut short venting is not sanctionable
Nature of Case: Sanctions
Keywords: Sanctions, venting, hanging up
Key Insight: The duty to preserve should be proportional and reasonable, not perfect and absolute.
Nature of Case: Rule 37(e) analysis of the defendant’s actions
Electronic Data Involved: Video Clips, CCTV and VDR
Keywords: Preserve, camera, viewable, “recorded continuously”, CCTV, RCCL
Key Insight: whether the defendant took reasonable steps to preserve the relevant evidence and whether the defendant?s actions in this case support a finding that the defendant acted with the intent to deprive another party of the information?s use in the litigation
Nature of Case: personal injury
Electronic Data Involved: deleted photographs
Keywords: sand, egregious
Key Insight: whether negative inference warranted where pictures taken on personal cell phone pursuant to protocol which became lost or destroyed
Nature of Case: excessive force – prison
Electronic Data Involved: cell phone pictures
Keywords: work image on personal cell phone
Key Insight: Plaintiff requested access records to determine potential class members. Court denied as unduly burdensome to non-party and unlikely to produce relevant information.
Nature of Case: Privacy
Electronic Data Involved: Driver License Database Access Records
Keywords: access records, non-party, burden
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