BlackBerry Limited v. Facebook, Inc. et al (C.D. Cal., 2019)
Key Insight: CEO emails not related enough to be proportional
Nature of Case: Patent
Electronic Data Involved: emails
Keywords: Zuckerberg emails
Pentel et al v. Shepard et al (D. Minn., 2019)
Key Insight: audit returns requested not proportional since massive burden to non-party
Nature of Case: Driver’s Privacy Protection Act
Electronic Data Involved: LEMS audit returns
Keywords: judge warns of sanctions
Pentel v. Shepard, No. 18-cv-1447 (NEB/TNL) (D. Minn. Aug. 7, 2019).
Key Insight: Plaintiff requested access records to determine potential class members. Court denied as unduly burdensome to non-party and unlikely to produce relevant information.
Nature of Case: Privacy
Electronic Data Involved: Driver License Database Access Records
Keywords: access records, non-party, burden
Laub v. Horbaczewski, No. 2:17-CV-06210 JAK (KSx) (C.D. Cal. July 30, 2019).
Key Insight: Did not withhold irrelevant texts. Judge denied clawback for relevance.
Nature of Case: Contract
Electronic Data Involved: Text Messages
Keywords: clawback, relevance
Hardy v. UPS Ground Freight, Inc. (D. Mass., 2019)
Key Insight: whether failure to provide text messages talked was spoliation of evidence
Nature of Case: employment discrimination
Electronic Data Involved: forensic imaging of plaintiff’s cell phone, relevant text messages
Keywords: text messages, forensic imaging of cell phone, spoliation
Washington v. Geo Group, Inc. (District Court of Western Washington, 2019)
Key Insight: whether the burden or expense of the proposed discovery outweighs its likely benefit
Nature of Case: Unjust enrichment
Electronic Data Involved: documents and metadata
Keywords: metadata, discovery categories, relevant and proportional
In Re: MacBook Keyboard Litigation (N.D. Cal. , 2019)
Key Insight: Court did not grant motion to allow only TAR review but ordered cost estimate for cost shifting if requesting party proceeds with insisting review of 100k documents with 1-2% relevance rate
Keywords: low responsive rate and TAR
In re Old BPSUSH Inc., No. 16-12373 (Bnkr. D. Del., 2019)
Key Insight: A law firm’s investigative records prepared for a client may not be withheld on work-product grounds from that client or former client.
Nature of Case: bankruptcy
Electronic Data Involved: Law firm investigative records and forensic accounts
Keywords: work-product, mental impressions, investigative records
Doe 1 et al v. City of Chicago (N.D. Ill., 2019)
Key Insight: sexual harassment complaints discoverable
Nature of Case: workplace discrimination
Electronic Data Involved: investigation documents
Keywords: fire department pattern of sexual harassment
Jacops v. Foreportal Inc. (District Court of Nebraska, 2019)
Key Insight: whether the burden or expense of the proposed discovery outweighs its likely benefit
Nature of Case: trademark infringement
Electronic Data Involved: emails
Keywords: cheapo, cheapoair