Adequacy of Search/Identification or Collection – Page 4

Stone Brewing Co., LLC v. MillerCoors LLC (Southern District of California, 2019)

Sep 17 2019

Key Insight: Requests for Production; marketing materials; Unreasonably cumulative or duplicative

Nature of Case: Trademark Infringement

Electronic Data Involved: Hard copy; Historical records; on-site inspection; Marketing materials (documents, recordings, video, displays, etc.)

Keywords: Discovery violations; adequacy of discovery responses; Vague/overbroad/burdensome/ not calculated to lead to discovery of documents relevant to claims or defenses; proportionality; access; costs/Attorney’s fees; resources; “Senior user”; Cherrypicking; Evidentiary preclusion; Court order; Representative samples

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Ekweani v. American Express Travel Related Services Company, Inc. – 18-16925 (Ct. App. 9th Cir., 2019)

Aug 27 2019

Key Insight: Whether the plaintiffs were prejudiced by not being permitted to request additional discovery

Nature of Case: petition to vacate arbitration award

Electronic Data Involved: general additional discovery

Keywords: prejudice, vacate award,

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In The Matter of the Search of A White Google Pixel 3 XL Cellphone in a Black Incipio Case (District of Idaho, 2019)

Jul 22 2019

Key Insight: whether a serach warrant can require someone to be forced to unlock a phone with their finger

Nature of Case: search warrant, violation of 5th amendment

Electronic Data Involved: forensic search of a cell phone that is locked with a fingerprint

Keywords: cellphone, fingerprint scanner, 5th amendment rights

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United States v. Connelly (S.D. New York, 2019)

May 31 2019

Key Insight: internal investigations of private companies heavy pressure from the government creates coercive evidence

Nature of Case: criminal case, wire fraud and conspiracy to commit wire fraud and bank fraud

Electronic Data Involved: internal investigations requested by the DOJ and government entities

Keywords: internal investigation, government, DOJ

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ICTSI Oregon, Inc. v. International Longshore and Warehouse Union (District of Oregon, 2019)

Apr 05 2019

Key Insight: Witness deposition on electronic discovery must have “painstaking specificity” on the particular subject areas that are intended to be questioned.

Nature of Case: Labor-Management Relations Act (secondary boycott activities)

Electronic Data Involved: Notebooks and calendars

Keywords: Sanctions, union,

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Lareau v. Nw. Med. Ctr., No. 2:17-cv-81 (D. Vt. Mar. 27, 2019)

Mar 27 2019

Key Insight: parties unable to identify search terms that satisfy court direction for “appropriate search terms.” Attorney is not required to offer opposing counsel his or her own ideas about how to narrow a particular search.

Nature of Case: wrongful termination

Electronic Data Involved: approximately 24,000 emails

Keywords: reasonable scope, search terms, format, sampling

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Edwards v. 4JLJ, LLC, No. 2:15-CV-299 (S.D. Tex. Jan. 11, 2019)

Jan 11 2019

Key Insight: Sanctions and shifted burden of proof imposed for failure to produce with intent to deprive.

Nature of Case: Discovery abuse sanctions

Keywords: spoliation, intent to deprive, sanctions, burden of proof shift, bad faith

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Hallmark Licensing LLC v. Dickens Inc. (E.D.N.Y., 2018)

Dec 13 2018

Key Insight: Plaintiff and Defendant’s motions to compel are both granted and denied in part

Nature of Case: Trademark rights, and when TM protection ends

Electronic Data Involved: e-mails, telephone call, business documents, the product in question, interrogatories

Keywords: Trademark, trade secrets, modification, proportional, executive

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Am. Mun. Power, Inc. v. Voith Hydro, Inc., No. 2:17-cv-00708 -ALM-EPD (S.D. Ohio June 4, 2018)

Dec 01 2018

Key Insight: Which search terms are to be used to identify responsive ESI

Nature of Case: Construction litigation

Electronic Data Involved: Email and other ESI

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In Re Domestic Airline Travel Antitrust Litigation, MDL Docket No. 2656, Misc. No. 15-1404 (CKK) (D.D.C. Sept. 13, 2018)

Dec 01 2018

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.

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Tag:Adequacy of Search/Identification or Collection