Key Insight: whether the loss of a cell phone can give rise to an adverse inference re location data
Nature of Case: insurance fraud
Electronic Data Involved: lost cell phone
Keywords: spoliation; adverse inference
Key Insight: petitioner’s motion for contempt, subpoena enforcement
Nature of Case: subpoena duces tecum issued by US Dept. of Labor to Respondent, a roofing company. Workplace safety violations and follow-up inspections..
Electronic Data Involved: text and email messages
Keywords: subpoena duces tecum, failure to take reasonable steps to comply with the order
Key Insight: sanctions not appropriate for deletion of original recordings, no alteration of originals
Nature of Case: Termination of employment
Electronic Data Involved: audio recordings, transcripts, photographs
Keywords: deletion of original, termination of employment, Best evidence rule
Key Insight: To what extent can a party be punished for spoliation under Rule 37(e)? How much does state of mind at the time of spoliation affect the sanction?
Nature of Case: Legal malpractice
Electronic Data Involved: e-mails, electronically-stored records
Keywords: Spoliation sanctions, innocence
Key Insight: Sanctions for spoliation of evidence resulting from good faith destruction of cell phone
Nature of Case: labor violations
Electronic Data Involved: text messages
Keywords: spoliation, smartphone, intent to deprive
Key Insight: no duty to preserve
Nature of Case: Assault
Electronic Data Involved: video tape recording, audio recordings
Keywords: spoliation, no duty to preserve
Key Insight: Whether FRCP 37(e) applies where the duty to preserve does not arise out of the anticipation or conduct of litigation, whether sanctions issued under a court’s inherent power were appropriate
Nature of Case: False Claims Act
Electronic Data Involved: country of origin data
Keywords: Country of Origin documentation, adverse inference, Trade Agreements Act, inherent power, overwrite, direct proof or disproof
Key Insight: Arrest did not trigger a duty for defendants to preserve video of alleged beating before arrest
Nature of Case: Wrongful arrest
Electronic Data Involved: video, electronic photos
Keywords: triggering duty to preserve
Key Insight: Conduct discovery in good faith; Maintain a civil tone in communications; Purge of emails
Nature of Case: Employment Discrimination
Electronic Data Involved: ESI; email; SMS; Text messages
Keywords: Good Faith; Proportionality; Meet and confer; Rule 16 – Scope of discovery; Purge of emails; Complete breakdown of discovery
Key Insight: Spoliation sanctions for missing insurance photos premature before clarifying deposition from party
Nature of Case: insurance coverage litigation
Electronic Data Involved: photos
Keywords: amended declaration inadequate, IT protocol
Copyright © 2022, K&L Gates LLP. All Rights Reserved.