Key Insight: A non-moving party’s objections to discovery need to be more than boilerplate and must be specific
Nature of Case: Copyright infringement (DMCA)
Electronic Data Involved: Electronic documents generally
Keywords: Copyright, DMCA, photographs, Oppenheimer,
Key Insight: Spoliation had occurred, but no default judgment issued. Evidence regarding destruction was allowed, no testimony from plaintiffs regarding unpreserved ESI and adverse inference instruction.
Nature of Case: Breach of Contract
Electronic Data Involved: Emails and Computers
Keywords: adverse inference, sanctions
Key Insight: Plaintiff’s explanation regarding loss of evidence had changed and court ruled that defendant was entitled to have a third party collect and preserve the evidence. Plaintiff offered passwords to accounts, but court was concerned about possible destruction given Plaintiff’s changing explanation regarding social media accounts and recording.
Nature of Case: Sexual Assault
Electronic Data Involved: Electronic Devices and Cloud Based Accounts; Recording of conversation
Keywords: invasion of privacy, loss of evidence
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