Legal issues, news and best practices relating to the discovery of electronically stored information.
Key Insight: Party cannot use screenshots not disclosed in discovery to in support of summary judgment motion alleging electronic signature
Nature of Case: insurance coverage litigation
Electronic Data Involved: archived screenshots
Keywords: electronic signature, affirmative signature, meaningful offer, prepopulated
Key Insight: Employer must produce company-wide documents without geographic limitations when all employees are subject to same leave of absence policies.
Nature of Case: workplace discrimination
Electronic Data Involved: General request for production and interrogatories
Keywords: employing unit, geographic scope, work unit, FMLA, scope of discovery, relevancy
Key Insight: Failure to address standards for spoliation of ESI, no showing of entitlement to adverse inference instruction.
Nature of Case: defamation
Electronic Data Involved: AGGIS and Cybersource systems
Keywords: adverse inference instruction
Mann v. City of Chicago, Nos. 15 CV 9197, 13 CV 4531, 2017 WL 3970592 (N.D. Ill. Sept. 8, 2017)
Plaintiffs sued the City of Chicago and the Chicago police alleging that they had been wrongfully arrested, detained and prosecuted and that they were abused at “off the books” detention centers without access to counsel. Although the parties agreed on search terms and the majority of custodians, they “reached an impasse” as to which custodians in the Mayor’s Office should be searched, including the Mayor himself. Because the court found the information sought would be relevant and because Defendant did not establish the alleged burden of the request—failing to provide even an estimate—the court granted in part Plaintiffs’ motion to compel, including their request to add the Mayor. In so deciding, the court also noted several proportionality factors, including the importance of the issues at stake and the plaintiffs’ lack of access to the requested information.
Key Insight: Method of production requiring out-of state travel not contract breach and retention of counsel not enough to show material is privileged
Nature of Case: breach of contract, consumer protection act litigation
Electronic Data Involved: audit documents
Keywords: proportionality, foreign parent, method of production, privilege determination
Key Insight: The social media discovery request was considered overbroad, and was limited to posts relevant to the case
Nature of Case: Car accident
Electronic Data Involved: Social media posts
Keywords: Social media, proportionality
Key Insight: which version of FRCP 37(e) should be applied where the issue was raised before the new version became effected but the motion was filed, whether after its effective date?
Nature of Case: employment
Electronic Data Involved: email
Keywords: adverse instruction, intent to deprive, duty to preserve, culpability, web hosting, relevance, prejudice
Key Insight: demand for irrelevant and disproportionate evidence
Nature of Case: breach of patent agreement
Electronic Data Involved: 300 GB emails
Keywords: irrelevant, patent infringement, reasonable limits on discovery
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Key Insight: Plaintiff produced two versions of email (both dated before filing). Defendant argued one was fake and an attempt to bolster Plaintiff’s claim. Court deemed that dismissal was too harsh a sanction and denied dismissal sanction request.
Nature of Case: Family Medical Leave Act Violations
Electronic Data Involved: E-Mails
Keywords: Duplicate E-mail; Dismissal Sanction
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