Key Insight: Parties did not explicitly discuss format of production. Court directed parties to meet and confer.
Nature of Case: Compensation and non-solicitation pacts
Electronic Data Involved: Production Format
Keywords: Format of production, native files
Key Insight: Social media is narrowly discoverable as it pertains to the issue
Nature of Case: Injuries and Damages suit
Electronic Data Involved: Social Media
Keywords: Social media
Key Insight: Documents produced without metadata did not have natural organization that made finding documents reasonably possible. Burden of showing natural organization is proper rests on party producing documents.
Nature of Case: Civil Rights – Wrongful Conviction
Electronic Data Involved: Various ESI
Keywords: Organization; usual course of business; metadata or identifying information
Key Insight: Intentional spoliation but with no bad faith and little prejudice leads to only costs and fees sanctions
Nature of Case: Intellectual property
Electronic Data Involved: Electronic documents
Key Insight: Producing illegible, blurry, or documents in an obscure file format may require reproduction of legible versions of the documents and the costs of the motion to compel that production are on the at-fault party
Nature of Case: Contract dispute
Electronic Data Involved: Electronic documents
Keywords: Quality, blurry, black and white, color, mbox
Key Insight: Request to reproduce documents in a format conforming to rules is not unreasonable, native (usual course of business) format does not entitle a party to all metadata (must be requested specifically)
Nature of Case: Insurance coverage litigation
Electronic Data Involved: Electronic documents (metadata)
Keywords: PDF, native, format, usual course of business, metadata
Key Insight: By not timely objecting to producing metadata and producing PDFs, party was ordered to reproduce files in native format as objection was waived
Nature of Case: Construction contract
Electronic Data Involved: Electronic documents (construction records)
Keywords: Native, construction, metadata
Key Insight: Converting native documents to a specified type not objected to in an earlier order is not overly burdensome
Nature of Case: Corn litigation
Electronic Data Involved: Electronic documents
Keywords: Corn, TIFF, native format, bates stamping
Key Insight: forensic examination should be ?the exception, not the rule.?
Nature of Case: employment, FMLA
Electronic Data Involved: text messages, deleted messages, lost devices, forensic examination
Keywords: social media, text messages, forensic examination, FMLA
Key Insight: Compelling Defendant to produce ESI prior to parties reaching an impasse
Nature of Case: Fair Labor Standards Act (FLSA) collective action
Electronic Data Involved: all ESI germane to identified corporate custodians and 30(b)(6) corporate representatives, share drive content
Keywords: impasse, corporate custodian, 30(b)(6) witness, inability to cooperate, randomized, share drive
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