Legal issues, news and best practices relating to the discovery of electronically stored information.
Key Insight: Foreign corporation can seek discovery of American party to be used in foreign court if its narrowly tailored
Nature of Case: corporate share agreements, corporate ownership international
Electronic Data Involved: documents (generally)
Keywords: foreign proceedings, corporate ownership, discovery, foreign corporation
Key Insight: whether plaintiff was required to turn over subpoenaed phone records (without content)
Nature of Case: Federal Employers Liability Act (FELA)
Electronic Data Involved: telephone records
Keywords: subpoena, privacy, phone records, overbroad
Key Insight: Form of production inadequate but can be remedied by providing table of contents
Nature of Case: Breach of contract
Electronic Data Involved: emails and business records
Keywords: mode of production
Key Insight: Witness deposition on electronic discovery must have “painstaking specificity” on the particular subject areas that are intended to be questioned.
Nature of Case: Labor-Management Relations Act (secondary boycott activities)
Electronic Data Involved: Notebooks and calendars
Keywords: Sanctions, union,
Key Insight: The attorney-client privilege for legal invoices is implicitly waived when those invoices are the primary form of direct evidence for the lawsuit.
Nature of Case: recovery of attorney costs incurred in prior suit
Electronic Data Involved: legal invoices
Keywords: legal invoices, implicit waiver
Key Insight: Whether downloading spyware is sufficient circumstantial evidence could result sanction under rule 37(e)(2)
Nature of Case: computer fraud
Electronic Data Involved: deleted electronic records
Keywords: spyware, digital fingerprints
Key Insight: whether to wait eve of trial could undertake the necessary fact finding to resolve issues that the plaintiff raises
Nature of Case: Violation of TCPA
Electronic Data Involved: call records
Keywords: spreadsheet, dialing system
Key Insight: denied forensic imaging of ESI because too expensive and intrusive
Nature of Case: Trade Secret Misappropriation
Electronic Data Involved: Forensic imaging of ESI
Keywords: mentions Sedona principles
Key Insight: parties unable to identify search terms that satisfy court direction for “appropriate search terms.” Attorney is not required to offer opposing counsel his or her own ideas about how to narrow a particular search.
Nature of Case: wrongful termination
Electronic Data Involved: approximately 24,000 emails
Keywords: reasonable scope, search terms, format, sampling
Key Insight: Redactions of sensitive customer information unjustified where protective order in place
Nature of Case: Libel, Assault, Slander
Electronic Data Involved: emails and business records
Keywords: redactions
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