Legal issues, news and best practices relating to the discovery of electronically stored information.
Key Insight: Should a party conduct a relevance review before returning requested discovery to the opposing side?
Nature of Case: Copyright
Electronic Data Involved: e-mails
Keywords: relevancy review, ESI, search terms
Key Insight: Converting native documents to a specified type not objected to in an earlier order is not overly burdensome
Nature of Case: Corn litigation
Electronic Data Involved: Electronic documents
Keywords: Corn, TIFF, native format, bates stamping
Key Insight: inadvertent disclosure, privilege, clawback
Nature of Case: products liability
Electronic Data Involved: internal email, internal powerpoint
Keywords: timeliness, clawback, “no harm, no foul”, delay, disclosure motion, protective order
Key Insight: cost-shifting, proportionality
Nature of Case: Title IX violation
Electronic Data Involved: computer, cell phone, text messages
Keywords: privacy interests, forensic examination, attorney’s fees and costs, inconsistent testimony
Key Insight: Motion for Extension of Time to Complete Discovery, unforeseen or unanticipated matters.
Nature of Case: unlawful restraint of trade class action
Electronic Data Involved: 3.5 million predominantly non-responsive documents produced by defendant, predictive coding.
Keywords: deficient TAR process, 3.5 million documents, predictive coding, preposterous, glitch.
Key Insight: A part protesting specific RFPs in an ESI stipulation must show why it is unduly burdensome
Nature of Case: class action unfair competition
Electronic Data Involved: audio files, hard-copy correspondence, archived email
Keywords: pre class certification discovery, ESI protocol, ESI Stipulation, proportionality
Key Insight: Debt from a sanction for willful/malicious conduct is dischargeable if it is based on the underlying claim
Nature of Case: Breach of Contract
Electronic Data Involved: Document showing payment to vendors, cashier’s check
Keywords: Willful and malicious
Identified State Rule(s): Pa. R. Civ. P. 4019(c)(1)-(5)
Key Insight: scope of search term requests
Nature of Case: patent infringement
Electronic Data Involved: email, search terms
Keywords: overbreadth objection, four requests
Key Insight: sanctions for fabrication of documents
Nature of Case: breach of contract
Electronic Data Involved: e-mails
Keywords: spoliation, fabrication, native version, native file, terminating sanctions, litigation hold
Key Insight: Plaintiff was sanctioned for re-litigating issues, ignoring court orders and insisting on overbroad scope of discovery
Nature of Case: products liability
Electronic Data Involved: Documents generally
Keywords: sanctions, scope of discovery, disregarding court orders
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