Key Insight: Discovery sanctions motion.
Nature of Case: Workplace discrimination.
Electronic Data Involved: Employment records including personnel files of supervisors and documents regarding performance of other employees.
Keywords: Failure to preserve, search terms, motion to compel.
Key Insight: Citation to Rule/caselaw that omits consideration of “proportionality” is reckless and sanctionable.
Nature of Case: Fair Debt Collection Practice Act (FDCPA) Action
Electronic Data Involved: Medical records
Keywords: “misstate[ment] [of] the law” “outdated caselaw” “recklessly misrepresented” “medical condition”
Key Insight: Asserting well supported objection against a relevant request.
Nature of Case: personal injury
Electronic Data Involved: social media accounts, and postings
Keywords: social media records, mental state, postings
Key Insight: Plaintiff failure to produce relevant and discoverable information.
Nature of Case: Insurance coverage litigation.
Electronic Data Involved: Email produced by a third party.
Keywords: Motion to compel. Specificity. Failure to specify.
Key Insight: court allows keyword search of one database (agreed to by party) but denies search of three others deeming them disproportionate
Nature of Case: patent infringement
Electronic Data Involved: database
Keywords: keyword search, disproportionate,
Key Insight: whether stating that “ESI request is not relevant or proportional” is not sufficient.
Nature of Case: breach of contract
Electronic Data Involved: emails
Keywords: informal internal emails
Identified State Rule(s): D. Kan. 37(2)
Key Insight: Proportionality, Fraud
Nature of Case: Non-compete enforcement
Electronic Data Involved: scope of discovery
Keywords: Sedona principles
Key Insight: Defendant alleges Plaintiff failed to produce documents and requests sanctions, including dismissal.
Nature of Case: Employment discrimination
Electronic Data Involved: ESI and scanned PDF documents and other documents.
Keywords: Proportionality, motion to compel (not filed)
Key Insight: not ordered to reproduce production of documents in native format (with metadata) but only categories specifically requested by plaintiff
Nature of Case: wrongful termination – contract
Electronic Data Involved: email
Keywords: native format
Key Insight: Production of an plaintiff employee’s own entire email box of 13 years is overbroad and not proportional
Nature of Case: Employment discrimination, whistleblower protection
Electronic Data Involved: Electronic documents generally
Keywords: proportional, 13 years,
Copyright © 2022, K&L Gates LLP. All Rights Reserved.