Key Insight: ineffective litigation hold, failure to preserve electronic evidence
Nature of Case: workplace harassment and discrimination
Electronic Data Involved: emails, text messages, instant messages
Keywords: instant messages, faulty and failed litigation hold, the defendant “bollixed its litigation hold”
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: scope of search term requests
Nature of Case: patent infringement
Electronic Data Involved: email, search terms
Keywords: overbreadth objection, four requests
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
Key Insight: Defendant’s failure to preserve and produce ESI responsive to plantiffs’ discovery requests.
Nature of Case: unpaid wages and overtime claims collective action
Electronic Data Involved: deleted electronic records, undecipherable codes, mobile device data, text messages
Keywords: adverse inference instruction, unintelligible, mockery of the orderly administration of justice
Key Insight: Undue burden or cost of discovery alleged by defendant.
Nature of Case: antitrust class action
Electronic Data Involved: ESI searches upon 12 custodians
Keywords: Has not made a threshold showing, does not satisfy the rule 26(b)(2)(C) factors.
Key Insight: requests are overbroad, alternative “live test” proposed instead of inspection of devices.
Nature of Case: Plaintiff allegation of Defendant engagement in a click fraud scheme.
Electronic Data Involved: inspection of defendant’s computing devices (computers, phones, tablets, etc)
Keywords: wasteful discovery, common-sense concept of proportionality, Winter list
Key Insight: search terms, proportionality
Nature of Case: employment discrimination
Electronic Data Involved: electronic records
Keywords: search terms, boolean connectors
Key Insight: After later learning the theory recovering lost profits is based on, parties must rely on documents produced during discovery
Nature of Case: patent infringement
Electronic Data Involved: Documents
Keywords: recovering lost profits, inexorable-flow theory damages, scope of discovery
Key Insight: Lack of communication regarding extending discovery timeline doesn’t entitle a party to additional time
Nature of Case: workplace discrimination
Electronic Data Involved: Documents
Keywords: discovery timeline, reopening discovery, lack of communication, radio silence
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