Legal issues, news and best practices relating to the discovery of electronically stored information.
Key Insight: The Stipulated Protective Order is too broad and is not consistent with the RCP
Nature of Case: Transgender/sex employment discrimination
Electronic Data Involved: confidential documents, Stipulated Protective Order
Keywords: Stipulated Protective Order, confidential, Rules of Civil Procedure
Key Insight: failure to have a third party preserve relevant data
Nature of Case: request for a permanent injunction to block film distribution
Electronic Data Involved: text messages
Keywords: third party, spoliation, control, adverse inference, sanctions, practical ability, intent to deprive, subpoena
Key Insight: violation of repeated discovery orders warrants the substantial sanction of dismissing the counts.
Nature of Case: Massive debt-collection scheme
Keywords: payment processor, debt collector, collector, robo-call.
Key Insight: Court refused to grant relief under 37(e) because moving party failed to show that ESI was lost because of a failure to take reasonable steps/
Nature of Case: wrongful death, unlawful arrest
Electronic Data Involved: email, telephone recordings
Keywords: Reasonable steps, sanctions, deleted ESI
Key Insight: Data link
Nature of Case: Insurance claim, Personal injury action
Electronic Data Involved: Documents, social media records including Facebook/ Twitter?Instagram ” data link”. photos
Keywords: Personal injury, Insurance claim, “data link”.
Key Insight: Repeated discovery obligation failures merited district court sanctions
Nature of Case: trademark infringement
Electronic Data Involved: Written discovery responses
Keywords: Missed discovery deadlines
Key Insight: whether defendant is entitled to $18.5 million in attorney’s fees and non-taxable costs.
Nature of Case: Antitrust,
Electronic Data Involved: Documents
Keywords: Attorney’s fees, Non-taxable costs
Mirmina v. Genpact LLC, No. 3:16CV00614, 2017 WL 3189027 (D. Conn. July 27, 2017)
In this case, Plaintiff sought to compel Defendant to conduct an additional search for ESI. Plaintiff asserted that he was “concerned” that responsive communications were withheld from production and argued “in essence, that defendant’s search for ESI was insufficient because counsel relied upon an employee directly involved in the underlying claims of the suit to search her own emails for responsive documents.” Defendant opposed the motion and argued that Plaintiff’s concerns were “unfounded because the search for responsive records was coordinated and overseen by counsel.” In support of that position, Defendant’s in-house counsel provided an affidavit outlining the approach:
Key Insight: Severe sanctions require intent and actual loss of evidence,
Nature of Case: Antitrust
Electronic Data Involved: E-mails
Keywords: email jail, litigation hold, transport dumpster,
Key Insight: Missing video wouln’t change outcome of summary judgment, so no sanctions needed under 37(e)
Nature of Case: prisoner civil rights
Electronic Data Involved: video
Keywords: prisoner video, missing ESI summary judgment
Copyright © 2022, K&L Gates LLP. All Rights Reserved.