Key Insight: Court refused to grant relief under 37(e) because moving party failed to show that ESI was lost because of a failure to take reasonable steps/
Nature of Case: wrongful death, unlawful arrest
Electronic Data Involved: email, telephone recordings
Keywords: Reasonable steps, sanctions, deleted ESI
Key Insight: Data link
Nature of Case: Insurance claim, Personal injury action
Electronic Data Involved: Documents, social media records including Facebook/ Twitter?Instagram ” data link”. photos
Keywords: Personal injury, Insurance claim, “data link”.
Key Insight: Documents in plaintiff’s girlfriend’s possession could not be compelled, because the girlfriend refused to produce them.
Nature of Case: Civil Rights action
Electronic Data Involved: documents held by third party
Keywords: practical ability test, proportionality, third party subpoena
Key Insight: Keyword searching alone may not be sufficient and can be aided by strategies like predictive coding
Nature of Case: civil rights, fourth amendment
Electronic Data Involved: text messages, social media posts
Keywords: keyword searching, predictive coding
Key Insight: Texas Supreme Court 7 part test for proportionality- benefit, case needs, amount in controversy, parties’ resources, issues at stake, importance of proposed discovery and other articulable factors. Brought Texas in line with FRCP.
Nature of Case: Homeowner Insurance Claim Litigation
Electronic Data Involved: Insurer Records
Keywords: Format of Production; Proportionality Factors
Key Insight: Discovery had been completed in September 2016. In February 2017, at deposition, additional on-going claims were presented. Court specified search terms to use against 3 custodians for the additional time frame.
Nature of Case: American with Disabilities; Employment Discrimination
Electronic Data Involved: E-mail
Keywords: Search Terms, Supplemental Production; Additional Discovery
Key Insight: Contract was not ambiguous so extrinsic evidence not admissable. Therefore discovery of file was not proportional or calculated to lead to admissable evidence.
Nature of Case: declaratory judgment and bad faith
Electronic Data Involved: underwriters claim file
Keywords: admissability; proportionality; extrinsic evidence
Key Insight: Limiting the scope of discovery requests for full social media account history
Nature of Case: personal injury
Electronic Data Involved: Facebook account history
Keywords: social media, Facebook, proportionality, burdensome discovery
Key Insight: Disclosing legal advice to third parties that need to know via email maintains attorney client privilege
Nature of Case: class action
Electronic Data Involved: archived email
Keywords: timeliness, third parties need to know, attorney client privilege
Identified State Rule(s): Ca. Evidence Code 952
Key Insight: Defendant has inadequate production even when supplemented. Judge ordered meet-and-confer to work out some of the disagreements. Judge did not give either side sanctions.
Nature of Case: Breach of Contract; Consumer Fraud
Electronic Data Involved: E-mail; Electronic Database
Keywords: Meet-and-confer; Inadequate Production; Supplemental Production
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