Key Insight: Cost burden for recovery of backup tapes
Nature of Case: workplace discrimination
Electronic Data Involved: backup tapes
Keywords: undue burden or expense, discovery cost shift, cost sharing, excessive discovery costs, vendor estimate
Key Insight: Whether a subpoenaed third party is entitled to costs and portion of fees before engaging in document processing
Nature of Case: RICO and First Amendment Retaliation
Electronic Data Involved: documents
Keywords: fee shifting, undue burden, costs and fees
Key Insight: Excessive document production shortly before deposition didn’t justify additional attorney’s fees
Nature of Case: industrial pollution
Electronic Data Involved: documents
Keywords: attorney’s fees, deposition, document production, inadequate preparation
Key Insight: Social media is discoverable if limited, relevant, and proportional
Nature of Case: Employment discrimination
Electronic Data Involved: electronically stored information, social media
Keywords: Social media
Key Insight: Defendant’s email archive system had had issues and was replaced before litigation filed, but servers were kept. Stubbed E-mail attachments were inaccessible. defendant showed attachments were potentially relevant and motion to compel was granted. Costs were to be split since it would be undue burden on plaintiff alone and they had not acted in bad faith.
Nature of Case: Patent Infringement
Electronic Data Involved: Stubbed E-mail Attachments
Keywords: Restoration, undue burden, bad faith, cost shifting
Key Insight: Protective order barring opposing council from viewing confidential materials denied for being too far
Nature of Case: trademark infringement, unfair competition
Electronic Data Involved: expert information
Keywords: trademark, protective order
Key Insight: Intentional spoliation but with no bad faith and little prejudice leads to only costs and fees sanctions
Nature of Case: Intellectual property
Electronic Data Involved: Electronic documents
Key Insight: Attorney’s fees for unduly burdensome third party subpoenas are compensated
Nature of Case: Trusts and estates
Electronic Data Involved: Emails
Key Insight: Provide only the information requested, especially if it is simple database records, additional work will not be compensated
Nature of Case: Horse Protection Act
Electronic Data Involved: Database records
Key Insight: Failure to disclose computing devices or to preserve documents, and doing so intentionally led to an adverse inference
Nature of Case: Intellectual property infringement (trademark and copyright)
Electronic Data Involved: Electronic documents, text messages
Keywords: Spoliation, Hendrix, adverse inference, anti-forensic software
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