Format Of Production – Page 2 – Electronic Discovery Law

US EEOC v The George Washington University (D.D.C. 2020)

Jun 26 2020

Key Insight: Defendant was ordered to produce non-privileged emails responsive to RFP’s. Linear reivew proposed by Defendant wasn’t necessary and other paths existed. Concerns that potential production of privileged information was not enough to justify withholding. Defendant claimed a document by document review was needed, but court believed claw back provisions would be sufficient.

Nature of Case: employment discrimination

Electronic Data Involved: Email

Keywords: review process, 502, privilege

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Corker v. Costco Wholesale (W.D. Wash. 2020)

Apr 27 2020

Key Insight:

Electronic documents should be produced in the form it is ordinarily maintained or in a reasonably useable form. PDF images of a spreadsheet are not a reasonably usable form due to the functional limitations. While they are readable and searchable, they cannot be sorted or filtered as an original spreadsheet can be. Spreadsheets should be produced in their native form.

A party cannot unilaterally redact a document based on relevance absent a claim of privilege. In cases where the document contains highly confidential commercial information, a protective order may be issued requiring the information not be revealed or only be revealed in a specified way, such as designating it for “counsel eyes only.”

Nature of Case: Class Action, Unfair Competition

Electronic Data Involved: Spreadsheets

Case Summary

Lundine v. Gates Corp. (D. Kan. 2020)

Mar 30 2020

Key Insight: Plaintiff moved to compel defendant to produce ESI of class-member pay data in Excel format or native format, or in the alternative, to allow her experts to access the data and download it. Defendant opposed the motion, asserting it had adequately responded by producing the data in PDF format. The court denied plaintiff’s motion. Neither party disputed that defendant produced the information in the form in which it is ordinarily maintained and the data in PDF form is still usable. “[R]equiring defendant to re-produce data in Excel format would be duplicative and unduly burdensome.”

Nature of Case: Wage and Hour Class Action

Electronic Data Involved: Payroll Data

Case Summary

Vaks v. Quinlan, et al. (District of Massachusetts, 2020)

Feb 24 2020

Key Insight: plaintiff violated the protective order by filing a pleading attaching confidential documents

Nature of Case: employment discrimintation

Electronic Data Involved: confidential documents protected under the protective order

Keywords: protective order, confidentiality

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Allscripts Healthcare, LLC v. DR/Decision Resources, LLC d/b/a Decision Resources Group (District of Massachusetts, 2020)

Feb 20 2020

Key Insight: enhancement of protective order to ensure heightened confidentiality of one document.

Nature of Case: breach of contract and false and misleading statements

Electronic Data Involved: confidentiality of proprietary aggregate data product

Keywords: protective order, heightened confidentiality

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Grande v. U.S. Bank National Association, et al (Western District of Washington, 2020)

Feb 20 2020

Key Insight: Defendants here have not described any harm that would result from producing the guidelines and have not sought a protective order, the Court declines to find the documents so confidential that they cannot be produced

Nature of Case: bad faith and fraudulent banking

Electronic Data Involved: general discovery responses, voicemails, loan documents, loan history, and communications

Keywords: fraud, trade secrets, incomplete responses, bad faith

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In re Mercedes-Benz Emissions Litig. (District of NJ, 2020)

Jan 09 2020

Key Insight: dispute over search terms meant to identify documents

Nature of Case: environmental litigation

Electronic Data Involved: all discovery, search term protocol

Keywords: search term protocol, predictive coding, technology assisted review,

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NY Machinery Inc., et al. v. The Korean Cleaners Monthly, et al (District of New Jersey, 2020)

Jan 06 2020

Key Insight: who bears the burden of paying for translation of foreign language documents

Nature of Case: unfair competition, false advertising, defamation, false light, trade libel, and tortious interference

Electronic Data Involved: foreign language documents

Keywords: foreign language, translation, machine translation, burden to pay

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Kamuda v. Sterigenics U.S. LLC (Circuit Court of Cook County Illinois, 2020)

Jan 06 2020

Key Insight: whether a request for a specific format is an undue burden

Nature of Case:

Electronic Data Involved: documents produced in TIFF format versus native format

Keywords: undue burden, TIFF, native, cybersecurity

Identified State Rule(s): 214(b)

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Pacific Biosciences of California, Inc. v. Oxford Nanopore Technologies, Inc. et al. (District of Delaware, 2019)

Nov 04 2019

Key Insight: public interest in court pleadings, discovery motions shouldn’t be redacted

Nature of Case: patent infringement

Electronic Data Involved: discovery pleadings

Keywords: sealing judicial record, discovery pleadings, burden to show disclosure would cause injury

View Case Opinion

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