Key Insight: relevancy
Nature of Case: breach of contract, trademark infringement, false advertisement, unfair and deceptive trade practices
Electronic Data Involved: electronic documents
Keywords: relevance, broadly construed, breach of warranty
Key Insight: To what extent can redactions be applied to responsive documents outside of ACP and work-product?
Nature of Case: Copyright
Electronic Data Involved: Business documents
Keywords: Redactions, relevance
Key Insight: Court had permitted Defendants to select an additional 16 custodians and 12 additional search terms. Plaintiff moved for reconsideration being concerned about amount that would be produced. Court denied reconsideration, urged cooperation and clarified that earlier limits on discovery applied to new materials as well.
Nature of Case: Fraud
Electronic Data Involved: E-mails, Documents
Keywords: search terms; cooperation; additional custodians; additional terms
Key Insight: Employer must produce company-wide documents without geographic limitations when all employees are subject to same leave of absence policies.
Nature of Case: workplace discrimination
Electronic Data Involved: General request for production and interrogatories
Keywords: employing unit, geographic scope, work unit, FMLA, scope of discovery, relevancy
Key Insight: Method of production requiring out-of state travel not contract breach and retention of counsel not enough to show material is privileged
Nature of Case: breach of contract, consumer protection act litigation
Electronic Data Involved: audit documents
Keywords: proportionality, foreign parent, method of production, privilege determination
Key Insight: The social media discovery request was considered overbroad, and was limited to posts relevant to the case
Nature of Case: Car accident
Electronic Data Involved: Social media posts
Keywords: Social media, proportionality
Key Insight: Can private social media and metadata be compelled into discovery?
Nature of Case: Bellwether products liability
Electronic Data Involved: Social media
Keywords: Metadata, social media, private data, public data, privacy
Key Insight: establishing a clear and indisputable right to a requested discovery
Nature of Case: patent infringement
Electronic Data Involved: Patent information
Keywords: cell culture, absent broad discovery, manufacturing data
Key Insight: Whether sanctions appropriate following defendants’ destruction of recordings, litigation hold
Nature of Case: personal injury
Electronic Data Involved: Video recordings
Keywords: spoliation, intent to deprive, adverse inference, prejudice
Key Insight: failure to meet and confer, failure to adequately respond to interrogatories
Keywords: unspecified sanction, automatic sanctions, proportionality
Copyright © 2022, K&L Gates LLP. All Rights Reserved.