Key Insight: protective order without a sharing provision is unfair to future similarily situated plaintiffs.
Nature of Case: product liability
Electronic Data Involved: All relevant discovery
Keywords: protective order, sharing provision, class action, similarly situated plaintiff
Key Insight: whether the parties have acted in good faith, which shall relate to both the substance of the parties? accusations of misconduct, as well as the parties? decision to file an accusation of misconduct.
Nature of Case: misappropriation of trade secrets
Electronic Data Involved: emails
Keywords: foxconn, hit2
Key Insight: whether sanctions are appropriate where defendant donated plaintiff’s computer per usual practice but after receiving preservation notice
Nature of Case: workplace discrimination
Electronic Data Involved: deleted electronic records
Keywords: sanctions, destruction, failure to preserve
Key Insight: Plaintiffs object to dismissal of a counterclaim against them because Defendant’s desire to dismiss the claim is related to loss of relevant ESI
Nature of Case: defamation, trademark infringement
Electronic Data Involved: E-mail, instant messages
Keywords: counterclaim, motion to amend, diligent, dismissal
Key Insight: video surveillance showing incident on which part of complaint is based could not be found by D, P motions for sanction for spoliation of evidence.
Nature of Case: employment discrimination, sexual harassment, workers compensation
Electronic Data Involved: Video surveillance
Keywords: spoliation, sanctions, preservation, surveillance, harassment, employment discrimination, bad faith
Key Insight: objections to requests for production, overly broad requests, overly broad objections, merit-less objections
Nature of Case: Hospital Fraud, laboratory tests billing scheme, insurance fraud
Electronic Data Involved: Billing data, invoices, financial records
Keywords: fifth amendment, overly broad, unduly burdensome, preservation efforts, retention notice, objection specificity
Key Insight: whether the defendant acted with the intent to deprive plaintiff of the information’s use in the litigation
Nature of Case: personal injury
Electronic Data Involved: videotape
Keywords: videotape, garage door
Key Insight: whether giving compelling reason is necessary for the court to supplement an order to obey the law
Nature of Case: breach of contract
Electronic Data Involved: employment records and emails
Keywords: receivership estate, mass layoffs
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: Scope of work-product doctrine
Nature of Case: Wrongful death
Electronic Data Involved: cellphone information and data
Keywords: tug
Copyright © 2022, K&L Gates LLP. All Rights Reserved.