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: 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: Defendant’s failure to preserve and produce ESI responsive to plantiffs’ discovery requests.
Nature of Case: unpaid wages and overtime claims collective action
Electronic Data Involved: deleted electronic records, undecipherable codes, mobile device data, text messages
Keywords: adverse inference instruction, unintelligible, mockery of the orderly administration of justice
Key Insight: Undue burden or cost of discovery alleged by defendant.
Nature of Case: antitrust class action
Electronic Data Involved: ESI searches upon 12 custodians
Keywords: Has not made a threshold showing, does not satisfy the rule 26(b)(2)(C) factors.
Key Insight: Parties cannot use the parts of allegedly work product matter helpful to their case and withhold the rest
Nature of Case: Endangered species act enforcement
Electronic Data Involved: audio, video, photos
Keywords: attorney work product, fact work product,
Key Insight: 4.2 million pages of keyword “”hit”” documents produced without review, but designated “”Attorney Eyes Only.
Nature of Case: unfair competition
Electronic Data Involved: 4.2 million pages of keyword “”hit”” documents
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: Keyword searching alone may not be sufficient and can be aided by strategies like predictive coding
Nature of Case: civil rights, fourth amendment
Electronic Data Involved: text messages, social media posts
Keywords: keyword searching, predictive coding
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