Legal issues, news and best practices relating to the discovery of electronically stored information.
Key Insight: False statements about loss of evidence more easily prove intent wrt spoliation
Nature of Case: Breach of contract
Electronic Data Involved: Emails
Key Insight: Which search terms are to be used to identify responsive ESI
Nature of Case: Construction litigation
Electronic Data Involved: Email and other ESI
Key Insight: Failure to produce discovery and making misrepresentations about the nature and content of documents so as to not produce them.
Nature of Case: trademark infringement
Electronic Data Involved: business documents, text messages, personal messages of employees.
Keywords: Compel, “chinese privacy law” misrepresentation,
Key Insight: Failure to disclose computing devices or to preserve documents, and doing so intentionally led to an adverse inference
Nature of Case: Intellectual property infringement (trademark and copyright)
Electronic Data Involved: Electronic documents, text messages
Keywords: Spoliation, Hendrix, adverse inference, anti-forensic software
Key Insight: CSLI, privacy, Stored Communications Act, SCA
Nature of Case: conspiracy to possess with intent to distribute a controlled substance, attempted possession of a controlled substance with intent to distribute
Electronic Data Involved: cell site location information
Keywords: Fourth Amendment, good-faith exception, federal rule of criminal procedure 33(a), warrant, exclusion of evidence, motion for a new trial
Key Insight: Defendant’s unsupervised and under inclusive ESI searches remedied by additional searches and disclosure of previous search paramaters
Nature of Case: Fraudulent telemarketing
Electronic Data Involved: Audio recordings
Keywords: Telemarketing, Fishman, mortal mistake
Key Insight: whether failure to maintain e-mail website domain and preserve e-mails it contained demonstrated “intent to deprive” under Rule 37(e)
Nature of Case: trade secret
Electronic Data Involved: e-mail, e-mail website domain
Keywords: superfluous
Key Insight: whether the 37(e) sanctions are appropriate
Nature of Case: Invasion of privacy
Electronic Data Involved: metadata, active data from laptop
Keywords: ipad
Key Insight: whether the plaintiff is required to identify the specific fields of information for Rule 26(f) conference
Nature of Case: Violation of TCPA
Electronic Data Involved: telephone calls from autodialing system
Keywords: autodialing system
Key Insight: relevance, proportionality, undue burden, relative access
Nature of Case: contract dispute
Electronic Data Involved: sweeping document request
Keywords: motion to quash, defunct entity, third party subpoena
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