Key Insight: Request for text message production by Plaintiffs was considered too broad, but court allowed for modification to more narrowly tailored request.
Nature of Case: Fair Labor Standards Act
Electronic Data Involved: text messages
Keywords: Texts; proportionality
Key Insight: Absolute perfection is not a goal of the discovery process. The county’s claim of burden is unsubstantiated, there is no burden claimed but for ESI privilege review. The burden does not outweigh the proportionality here.
Nature of Case: Fair Housing Act violations
Electronic Data Involved: ESI information concerning mortgage, marketing, etc
Keywords: Proportionality, TAR, burden
Key Insight: Sanctions granted for first claiming withholding all responsive documents, then claiming there were no responsive documents. Protective Order violated by using information obtained under protective order to locate public information.
Nature of Case: false advertising/trademark infringement
Electronic Data Involved: Document related to claimed settlement achieved
Keywords: privilege, sanctions
Key Insight: ordered to produce a sample of 10 calls chosen by requesting party to see if information duplicative
Nature of Case: RICO
Electronic Data Involved: audio recordings of phone calls
Keywords: credit collector sues firm representing debtors
Key Insight: Requests for Production; marketing materials; Unreasonably cumulative or duplicative
Nature of Case: Trademark Infringement
Electronic Data Involved: Hard copy; Historical records; on-site inspection; Marketing materials (documents, recordings, video, displays, etc.)
Keywords: Discovery violations; adequacy of discovery responses; Vague/overbroad/burdensome/ not calculated to lead to discovery of documents relevant to claims or defenses; proportionality; access; costs/Attorney’s fees; resources; “Senior user”; Cherrypicking; Evidentiary preclusion; Court order; Representative samples
Key Insight: whether discovery should extend beyond the period of the statute of limitations
Nature of Case: Breach of implied warranty of merchantability
Electronic Data Involved: e-mails
Keywords: label, trans fat, heightened showing
Key Insight: whether discovery requests are overbroad
Nature of Case: Class Action alleging violations of the Telephone Consumer Protection Act
Electronic Data Involved: documents listing people requesting not to be called and people that were called incorrectly, and people who did not have contracts with teh Defendant.
Keywords: overbroad, discovery requests, protective order, motion to compel
Key Insight: Hague convention may be used to take the deposition of a former employee living in London.
Nature of Case: class action alleging securities fraud
Keywords: hague convention, letter rogatory
Key Insight: Relator in FCA case reqeusted presentations by defendant to government during governmental investigation. Judge ordered defendant to produce the presentations.
Nature of Case: False Claims Act
Electronic Data Involved: presentations to government
Keywords: FCA, False Claims Act
Key Insight: whether plaintiff’s privacy rights outweigh apple’s interest in information re phone performance, updates, etc.
Nature of Case: consumer protection
Electronic Data Involved: forensic imaging
Keywords: forensic imaging iphone
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