Key Insight: relevance and proportionality
Nature of Case: false advertising
Electronic Data Involved: documents, communications
Keywords: relevant, proportional, reconsideration, additional discovery, custodial files, protective order, third party discovery
Key Insight: Court narrowed scope of some plaintiff requests and ordered defendant to clarify privilege claims on withheld documents
Nature of Case: bad faith; insurance coverage
Electronic Data Involved: claims file of insurer
Keywords: privilege; responsiveness
Key Insight: Boilerplate objections were not enough to determine that requests were overly burdensome. Defendant needed to specify so court could determine.
Nature of Case: Privacy Rights, Stored Communications Act, Computer Fraud and Abuse Act
Electronic Data Involved: Amazon Account
Keywords: burdensome, boilerplate objections
Key Insight: motion to compel production of documents including confidential patient information
Nature of Case: patent infringement
Electronic Data Involved: database maintained by non-party
Keywords: undue burden and expense on a non-party, subpoena duces tecum
Key Insight: No produced emails were from the Mayor. Mayor’s deposition not necessary or proportional to needs of the case.
Nature of Case: employment discrimination and retaliation
Electronic Data Involved: Over 6,500 emails and attachments produced by defendant.
Keywords: Relevant and proportional, proportionality, mere conjecture and conclusory statements.
Key Insight: ESI does not need to be produced if it is from sources not reasonably accessible on account of undue burden or cost.
Nature of Case: medical fees
Electronic Data Involved: medicare documents, etc
Keywords: undue burden, not reasonably accessible, third party requests
Key Insight: Plaintiff did not specify whether any documents were being withheld in the course of making objections to discovery motions
Nature of Case: libel, assault, slander
Electronic Data Involved: documents and communications posted or stored on social media, e-mails
Keywords: “facially overbroad”, “anti-abortion”, “nearly two-decade time frame”, “provide any responsive information for the past seven (7) years”
Key Insight: statute of limitations, proportionality
Nature of Case: copyright infringement
Electronic Data Involved: financial information
Keywords: meeting of the minds, statute of limitations, undue burden, amount in controversy
Key Insight: scope of discovery
Nature of Case: sexual harassment and retaliation under Title VII
Electronic Data Involved: authorization for medical records and access to social media accounts
Keywords: social media accounts, authorization for medical records, emotional distress
Copyright © 2022, K&L Gates LLP. All Rights Reserved.