Key Insight: Producing illegible, blurry, or documents in an obscure file format may require reproduction of legible versions of the documents and the costs of the motion to compel that production are on the at-fault party
Nature of Case: Contract dispute
Electronic Data Involved: Electronic documents
Keywords: Quality, blurry, black and white, color, mbox
Key Insight: Available resources plays into undue burden decision making and when part of the data has already been produced, relevance has already been conceded
Nature of Case: Infringement
Electronic Data Involved: Telemetry data
Keywords: Telemetry data, GPDR
Key Insight: A part protesting specific RFPs in an ESI stipulation must show why it is unduly burdensome
Nature of Case: class action unfair competition
Electronic Data Involved: audio files, hard-copy correspondence, archived email
Keywords: pre class certification discovery, ESI protocol, ESI Stipulation, proportionality
Key Insight: Debt from a sanction for willful/malicious conduct is dischargeable if it is based on the underlying claim
Nature of Case: Breach of Contract
Electronic Data Involved: Document showing payment to vendors, cashier’s check
Keywords: Willful and malicious
Identified State Rule(s): Pa. R. Civ. P. 4019(c)(1)-(5)
Key Insight: compliance with Rule 45 subpoena
Nature of Case: consumer protection/unfair competition
Electronic Data Involved: electronic documents
Keywords: 45(d)(3), relevancy, unretained expert information, confidential research, commercial information, cost-shifting, third party
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: Providing evidence of voluminous discovery allows for narrowing of search terms
Nature of Case: Patent infringement
Electronic Data Involved: Electronic documents
Keywords: Webasto, Jeep,
Key Insight: whether specific discovery could be compelled to complete a deposition with no real argument of relevancy
Nature of Case: trade secret infringement
Electronic Data Involved: board minutes discussing third-party litigation funding
Keywords: Third-party litigation funding, board minutes, deposition
Key Insight: third-party, relevancy, “objections lack support and do not adequately provide a basis for the Court to grant them”
Nature of Case: Antitrust, consumer protection, racketeering
Keywords: overbroad, unduly burdensome, boilerplate, quash
Key Insight: Attorney’s fees for unduly burdensome third party subpoenas are compensated
Nature of Case: Trusts and estates
Electronic Data Involved: Emails
Keywords: third party, subpoena, attorney’s fees, reimbursement, cost shifting
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