Legal issues, news and best practices relating to the discovery of electronically stored information.
Key Insight: European privacy requirements preclude the production of personal data but a foreign country’s statute does nto deprive an American court the power to order production .
Nature of Case: Patent Infringement
Electronic Data Involved: Emails from a single individual
Keywords: international privacy statute, personal data,
Key Insight: Parties did not explicitly discuss format of production. Court directed parties to meet and confer.
Nature of Case: Compensation and non-solicitation pacts
Electronic Data Involved: Production Format
Keywords: Format of production, native files
Key Insight: Plaintiffs object to dismissal of a counterclaim against them because Defendant’s desire to dismiss the claim is related to loss of relevant ESI
Nature of Case: defamation, trademark infringement
Electronic Data Involved: E-mail, instant messages
Keywords: counterclaim, motion to amend, diligent, dismissal
Key Insight: video surveillance showing incident on which part of complaint is based could not be found by D, P motions for sanction for spoliation of evidence.
Nature of Case: employment discrimination, sexual harassment, workers compensation
Electronic Data Involved: Video surveillance
Keywords: spoliation, sanctions, preservation, surveillance, harassment, employment discrimination, bad faith
Key Insight: The refusal to provide written authorization allowing a service provider to release text message records constitutes “possession, custody, or control” of those text messages.
Nature of Case: lease termination by law enforcement
Electronic Data Involved: text messages
Keywords: release of records, written authorization
Key Insight: Social media is narrowly discoverable as it pertains to the issue
Nature of Case: Injuries and Damages suit
Electronic Data Involved: Social Media
Keywords: Social media
Key Insight: motion to compel lacking proper analysis denied, but responding party’s objections also sicken
Nature of Case: FCRA
Electronic Data Involved: emails and business records
Keywords: general objection,
Key Insight: bad faith
Nature of Case: Breach of Contract, Trade Secrets
Electronic Data Involved: Spoliation
Keywords: RegDelNull, Eraser, CCleaner, bad faith, breach
Key Insight: objections to requests for production, overly broad requests, overly broad objections, merit-less objections
Nature of Case: Hospital Fraud, laboratory tests billing scheme, insurance fraud
Electronic Data Involved: Billing data, invoices, financial records
Keywords: fifth amendment, overly broad, unduly burdensome, preservation efforts, retention notice, objection specificity
Key Insight: It is common practice to prohibit redactions for relevance for the protection of non-parties when there is a stipulated protective order to designate sensitive documents as “Highly Confidential – Attorneys’ Eyes Only.”
Nature of Case: patent infringement
Electronic Data Involved: documents with relevance redactions applied by a third party
Keywords: third party redaction, protective order, relevance
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