Key Insight: protective order without a sharing provision is unfair to future similarily situated plaintiffs.
Nature of Case: product liability
Electronic Data Involved: All relevant discovery
Keywords: protective order, sharing provision, class action, similarly situated plaintiff
Key Insight: Redactions of sensitive customer information unjustified where protective order in place
Nature of Case: Libel, Assault, Slander
Electronic Data Involved: emails and business records
Keywords: redactions
Key Insight: Recorded phone call between party and copyright agent regarding image timing confidential at prelitigation phase
Nature of Case: copyright dispute
Electronic Data Involved: phone call recording
Keywords: protective order, confidential phone call, work-product
Identified State Rule(s): FRBC Rule 4-4.1, 4-1.2
Identified Federal Rule(s): 26(b)(3), 37(a)(5)
Key Insight: Plaintiff and Defendant’s motions to compel are both granted and denied in part
Nature of Case: Trademark rights, and when TM protection ends
Electronic Data Involved: e-mails, telephone call, business documents, the product in question, interrogatories
Keywords: Trademark, trade secrets, modification, proportional, executive
Key Insight: Protective order barring opposing council from viewing confidential materials denied for being too far
Nature of Case: trademark infringement, unfair competition
Electronic Data Involved: expert information
Keywords: trademark, protective order
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: Non-party ESI must be in the possession, custody or control; phone not city owned, no consent given by city official- did not require production; prior phone and service provider required supplemental briefing regarding service provider contractual obligations
Nature of Case: Civil Rights
Electronic Data Involved: Cell Phone/Text Messages
Keywords: text messages, phones, service provider, consent, ownership
Key Insight: plaintiff has failed to provide any of the documents or e-mails that purportedly supports his claims and has made boilerplate objections with no further explanations
Nature of Case: Driver’s Privacy Protection Act violation
Electronic Data Involved: e-mails
Keywords: “Lopez only points to what he believes to be his conclusive victory on the ‘knowingly’ requirement”, “Lopez?s boilerplate objections to this interrogatory are overruled”, “Lopez responds that his counsel has already provided Herring with the requested documents described in his initial disclosures”
Key Insight: requests are overbroad, alternative “live test” proposed instead of inspection of devices.
Nature of Case: Plaintiff allegation of Defendant engagement in a click fraud scheme.
Electronic Data Involved: inspection of defendant’s computing devices (computers, phones, tablets, etc)
Keywords: wasteful discovery, common-sense concept of proportionality, Winter list
Key Insight: Providing evidence of voluminous discovery allows for narrowing of search terms
Nature of Case: Patent infringement
Electronic Data Involved: Electronic documents
Keywords: Webasto, Jeep,
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