Key Insight: ordered to produce original emails between parties with metadata not versions forwarded to law office
Nature of Case: breach of contract
Electronic Data Involved: emails and metadata
Keywords: farm sale, email metadata
Key Insight: Defendants request for social media posts was too broad and needed to be even more specifically directed to claims in case.
Nature of Case: personal injury
Electronic Data Involved: Social Media Posts
Keywords: social media; scope
Key Insight: Addressing question of spoliation related to surveillance video of prison assaults, court concluded that ?traditional? spoliation analysis (as opposed to analysis pursuant to newly amended FRCP 37(e))
Nature of Case: Claims arising from assault in prison
Electronic Data Involved: Surveillance video
Key Insight: Specific metrics needed to object to the burden of a key-word search. Defendant objected to document requests on relevancy grounds.
Nature of Case: Contract breach.
Electronic Data Involved: Key-word search of ESI.
Keywords: Cooperation and the negotiation of keywords. Transparency in all aspects of preservation and production of ESI.
Key Insight: Even broadly worded discovery requests can be granted as long as the information is relevant to discovery and no objections are made
Nature of Case: Automobile accident insurance coverage
Electronic Data Involved: Electronic records
Keywords: Truck, accident, insurance
Key Insight: Discovery is not disproportionate just because you say so. Insufficient privilege log.
Nature of Case: Class action involving alleged improper classification of independent contractor status.
Electronic Data Involved: Production of emails in response to Plaintiffs’ requests.
Keywords: Produce all documents responsive to Plaintiff’s search terms. Duplicative and not proportional.
Key Insight: whether party can be forced to use TAR v. search terms
Nature of Case: product liability
Electronic Data Involved: email and documents
Keywords: viagara, forced TAR
Key Insight: The special master considered relevancy to be as broad as the subject matter, which is broader than the scope of discovery contemplated by Rule 26… did not satisfy its burden to show that the information it requests from Highmark is relevant, the court is not required to analyze whether that request is proportional to this case
Nature of Case: Antitrust
Keywords: Reasonably Calculated
Key Insight: proportionality with regards to relevancy
Nature of Case: Products Liability
Electronic Data Involved: Communications between foreign entities that sell the product and foreign regulatory bodies regarding the products
Keywords: Proportionality, marginally relevant, relevancy
Key Insight: Responding party’s ability to choose search methods is not above rule of proportionality.
Nature of Case: Breach of Contract/Breach of Fiduciary Duty Action
Electronic Data Involved: Personal and business electronic devices
Keywords: “search criteria” “access[ability]” “uncovered evidence” “limit[ing] searches” “shielding” “Sedona”
Copyright © 2022, K&L Gates LLP. All Rights Reserved.