Key Insight: ordered forensic examination and sanctions (threatened terminating sanctions) for failure to disclose reconstructed hard drive
Nature of Case: personal injury
Electronic Data Involved: computer files
Keywords: converted motion for sanctions to motion to compel
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: 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: Fabricated evidence justified sanction of dismissing case
Nature of Case: fraud, breach of contract
Electronic Data Involved: archived email
Keywords: spoliation, closely held corporation, fabricated emails
Key Insight: proportionality, spoliation sanctions
Nature of Case: wrongful termination
Electronic Data Involved: text messages, e-mails
Keywords: spoliation, forensic imaging, relevance, duty to preserve, intent to deprive, prejudice, attorney’s fees
Key Insight: Spoliation; Duty to preserve; AC/WP; Voluntary disclosure doctrine
Nature of Case: Personal injury
Electronic Data Involved: ESI; Videos; Digital data and metadata; Photographs; SD/media card; email; Forensic exam of cell phone
Keywords: Dishonest report of personal injury; Summary Judgment; FRSA; LIA; Spoliation; dispositive sanctions; extraordinary circumstances; Willfulnes; Bad Faith; Prejudices; adverse inference; misappropriated documents; AC/WP
Key Insight: Forged Skype conversation does not terminate case, but leads to attorney’s fees and adverse inference
Nature of Case: Trademark infringement
Electronic Data Involved: Skype conversation
Keywords: Skype, forgery, GoPro, ABYSS
Key Insight: Third party provided date limited information to Plaintiff, Defendant sought entire image; Date Limited information provided to Plaintiff was all Plaintiff was required to produce.
Nature of Case: Trade Secrets, Bankruptcy, Civil Consipiracy
Electronic Data Involved: Forensic Image of Laptop
Keywords: forensic image; date-limited, third party
Key Insight: whether there was accessibility problems or undue burden or cost associated with turning over phones and computers for forensic imaging; also, whether it was sufficient to have plaintiff’s employee’s conduct a search for responsive ESI
Nature of Case: breach of contract, tortious interference
Electronic Data Involved: e-mails, phone messages, physical computers and cellphones and their data
Keywords: “former business relationship”, “information may be discoverable even if not ultimately admissible into evidence”, “Allstate, however, agreed to produce responsive information within its custody”
Key Insight: Deletion of files, destruction of evidence.
Nature of Case: Alleged defendant use of plaintiff’s trade-secret information
Electronic Data Involved: computer images
Keywords: destruction of evidence, forensic examination
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