Key Insight: 1500 documents withheld as privileged under procedures in FRE 502 (d);
Nature of Case: Fifth Amendment, taking private property without just compensation
Electronic Data Involved: 1500 documents
Keywords: quick peek, privileged, taking, unjust compensation
Key Insight: demand for irrelevant and disproportionate evidence
Nature of Case: breach of patent agreement
Electronic Data Involved: 300 GB emails
Keywords: irrelevant, patent infringement, reasonable limits on discovery
Key Insight: ability to afford production, parties access to the relevant documents, impact on third parties
Nature of Case: Antitrust
Electronic Data Involved: 467,614 documents from electronic and physical files, 130 GB additional documents
Keywords: scope of discovery, antitrust, Sherman, cost/benefit
Key Insight: Failing to prove even an estimate of the burden costs of discovery will not protect against discovery
Nature of Case: Civil rights (police misconduct)
Electronic Data Involved: Emails
Keywords: Homan square, Chicago Police Department, off the grid,
Key Insight: whether counsel assumed responsibility for ensuring a comprehensive search was conducted
Nature of Case: employment discrimination
Keywords: comprehensive search, litigation hold, guidance, reasonable inquiry
Key Insight: Production of non-responsive documents for re-review due to distrust may be cost shifted to opposing party
Nature of Case: Trade secret
Electronic Data Involved: Electronic documents
Keywords: fertilizer, trade secret, Nutra-Flo,
Key Insight: Discovery requests must be proportional; limited to scope/time frame
Nature of Case: Wrongful termination, defamation
Electronic Data Involved: E-mails, text messages
Keywords: Retaliation, discrimination, Louisiana Office of Alcohol and Tobacco Control
Key Insight: A program to parse relevant data from an existing database may trump usual course of business format
Nature of Case: Telephone Consumer Protection Act
Electronic Data Involved: Electronic list of wrong phone calls
Keywords: computer program, usual course of business,
Key Insight: Plaintiff requested Defendant run 72 “spelling variations” of 5 terms allowed by prior court order. Court denied and allowed 20, but did not apply sanctions yet.
Nature of Case: Libel/Slander
Electronic Data Involved: Various ESI
Keywords: search terms; sanctions; cooperation
Key Insight: Compelling ESI prematurely is not needed if the records will be preserved throughout litigation
Nature of Case: malicious prosecution
Electronic Data Involved: emails, documents
Keywords: Scope of ESI search terms, willingness to produce
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