Key Insight: Direct inspection of mobile devices for specific information (browsing history/cookies) or the full web browsing history/cookies is not proportional to matters regarding a single company’s websites
Nature of Case: Data privacy
Electronic Data Involved: Cookies, internet history
Keywords: zombie cookie, Verizon, respawn, orwellian irony
Key Insight: With prior notive, any party can specify another method of recording testimony than was in the original notice
Nature of Case: Admiralty action
Electronic Data Involved: Videotaped deposition
Keywords: Protective orders, EU,
Key Insight: accessibility of data
Nature of Case: Violations of the FCRA
Electronic Data Involved: information related to similar lawsuits and consumer complaints
Keywords: data, searchable, accessible, access*, undue burden,
Key Insight: Available resources plays into undue burden decision making and when part of the data has already been produced, relevance has already been conceded
Nature of Case: Infringement
Electronic Data Involved: Telemetry data
Keywords: Telemetry data, GPDR
Key Insight: Whether insufficient care with selection of search terms, which resulted in the withholding of relevant emails amounts to spoilation
Nature of Case: bankruptcy
Electronic Data Involved: emails
Keywords: insufficient care, search terms, spoilation
Key Insight: Should a party conduct a relevance review before returning requested discovery to the opposing side?
Nature of Case: Copyright
Electronic Data Involved: e-mails
Keywords: relevancy review, ESI, search terms
Key Insight: cost-shifting, proportionality
Nature of Case: Title IX violation
Electronic Data Involved: computer, cell phone, text messages
Keywords: privacy interests, forensic examination, attorney’s fees and costs, inconsistent testimony
Key Insight: A part protesting specific RFPs in an ESI stipulation must show why it is unduly burdensome
Nature of Case: class action unfair competition
Electronic Data Involved: audio files, hard-copy correspondence, archived email
Keywords: pre class certification discovery, ESI protocol, ESI Stipulation, proportionality
Key Insight: Plaintiff was sanctioned for re-litigating issues, ignoring court orders and insisting on overbroad scope of discovery
Nature of Case: products liability
Electronic Data Involved: Documents generally
Keywords: sanctions, scope of discovery, disregarding court orders
Key Insight: forensic examination should be ?the exception, not the rule.?
Nature of Case: employment, FMLA
Electronic Data Involved: text messages, deleted messages, lost devices, forensic examination
Keywords: social media, text messages, forensic examination, FMLA
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