Legal issues, news and best practices relating to the discovery of electronically stored information.
Key Insight: Attorney sanctions for dishonest conduct and willful interference with discovery process
Nature of Case: Employment discrimination
Keywords: attorney misconduct, dishonest conduct, false testimony
Key Insight: proportionality, undue burden, ESI protocol terms, privilege
Nature of Case: trademark infringement
Electronic Data Involved: electronic records
Keywords: random sample, random sampling, responsiveness, responsive documents
Key Insight: consent order provisions are inconsistent to support an injunction
Nature of Case: violation of a consent order from a settlement.
Electronic Data Involved: consent order from 1988 and script of the movie under injunction
Keywords: consent order, inconsistent, insufficiently precise
Key Insight: Available resources plays into undue burden decision making and when part of the data has already been produced, relevance has already been conceded
Nature of Case: Infringement
Electronic Data Involved: Telemetry data
Keywords: Telemetry data, GPDR
Key Insight: Non-ideal conduct related to discovery does not automatically rise to “willfully deceiv[ing]” the court for dismissal sanctions, failure to produce discovery in a timely manner leads to cost shifting
Nature of Case: Trademark infringement
Electronic Data Involved: Electronic documents generally
Keywords: “routine document destruction,” sticker,
Key Insight: By not timely objecting to producing metadata and producing PDFs, party was ordered to reproduce files in native format as objection was waived
Nature of Case: Construction contract
Electronic Data Involved: Electronic documents (construction records)
Keywords: Native, construction, metadata
Key Insight: ineffective litigation hold, failure to preserve electronic evidence
Nature of Case: workplace harassment and discrimination
Electronic Data Involved: emails, text messages, instant messages
Keywords: instant messages, faulty and failed litigation hold, the defendant “bollixed its litigation hold”
Key Insight: Whether insufficient care with selection of search terms, which resulted in the withholding of relevant emails amounts to spoilation
Nature of Case: bankruptcy
Electronic Data Involved: emails
Keywords: insufficient care, search terms, spoilation
Key Insight: When does the duty to preserve arise, what constitutes a sufficient triggering event?
Nature of Case: Contract violation
Electronic Data Involved: WeChat messages
Keywords: Spoliation sanctions, adverse inference,
Key Insight: spoliation, failure to preserve ESI
Nature of Case: wrongful termination, negligence, violation of rights
Electronic Data Involved: surveillance footage, video footage
Keywords: surveillance footage, permanent storage, automatic overwrite, download
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