Key Insight: whether failure to maintain e-mail website domain and preserve e-mails it contained demonstrated “intent to deprive” under Rule 37(e)
Nature of Case: trade secret
Electronic Data Involved: e-mail, e-mail website domain
Keywords: superfluous
Key Insight: whether the plaintiff is required to identify the specific fields of information for Rule 26(f) conference
Nature of Case: Violation of TCPA
Electronic Data Involved: telephone calls from autodialing system
Keywords: autodialing system
Key Insight: spoliation
Nature of Case: Fair Labor Standards Act, retaliation
Electronic Data Involved: mobile phone data, text messages
Keywords: spoliation, sanctions, preservation, reasonable steps, intent to deprive, negligence
Key Insight: accessibility of data
Nature of Case: Violations of the FCRA
Electronic Data Involved: information related to similar lawsuits and consumer complaints
Keywords: data, searchable, accessible, access*, undue burden,
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: spoliation, failure to preserve ESI
Nature of Case: wrongful termination, negligence, violation of rights
Electronic Data Involved: surveillance footage, video footage
Keywords: surveillance footage, permanent storage, automatic overwrite, download
Key Insight: forensic examination should be ?the exception, not the rule.?
Nature of Case: employment, FMLA
Electronic Data Involved: text messages, deleted messages, lost devices, forensic examination
Keywords: social media, text messages, forensic examination, FMLA
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: Defendant misrepresentations to the Court about its flawed discovery process.
Nature of Case: alleged illegal detainment class action
Electronic Data Involved: missing metadata, deleted electronic records
Keywords: adverse inference finding, hard drives, warrantless arrestees, unconstitutional policy, deliberate indifference.
Key Insight: Clounsel disqualification for misuse of documents reversed because cloud hosted repository sufficiently destroyed documents
Nature of Case: Breach of contract
Electronic Data Involved: cloud hosted repository
Keywords: disentitlement doctrine, inadvertent disclosure, hosted repository, cloud, counsel disqualification
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