Key Insight: A non-moving party’s objections to discovery need to be more than boilerplate and must be specific
Nature of Case: Copyright infringement (DMCA)
Electronic Data Involved: Electronic documents generally
Keywords: Copyright, DMCA, photographs, Oppenheimer,
Key Insight: Plaintiff’s explanation regarding loss of evidence had changed and court ruled that defendant was entitled to have a third party collect and preserve the evidence. Plaintiff offered passwords to accounts, but court was concerned about possible destruction given Plaintiff’s changing explanation regarding social media accounts and recording.
Nature of Case: Sexual Assault
Electronic Data Involved: Electronic Devices and Cloud Based Accounts; Recording of conversation
Keywords: invasion of privacy, loss of evidence
Key Insight: Privileged docs based on only state law must be produced in a case with both federal and state claims
Nature of Case: Medical malpractice
Electronic Data Involved: Responsive documents
Keywords: Privilege, state law
Identified State Rule(s): K.S.A. section 65-4925(a)
Identified Federal Rule(s): FRCP 26(b)
Key Insight: Whether discovery of requested records is relevant and proportional, whether privilege as regards medical records is waived when a plaintiff puts his/her medical condition at issue
Nature of Case: ADA disability discrimination
Electronic Data Involved: medical and financial records
Keywords: relevant, proportional, ADA, privilege, admissibility, mental condition
Key Insight: Defendant’s motion (granted) to compel discovery from various plaintiff sources of ESI, including social media accounts.
Nature of Case: slip and fall injuries
Electronic Data Involved: emails, text messages, FitBit, social media
Keywords: slip and fall, social media, reflective of an individual’s contemporaneous emotions and mental state.
Key Insight: Forensic examination must be proportional to the information it can exclusively gain, including privacy concerns
Nature of Case: Telephone Consumer Protection Act (Class Action)
Electronic Data Involved: Text messages
Keywords: Text messages, imaging, forensic, proportionality
Key Insight: Mass email to all employees of a company asking for information is not proportional, especially when custodians and search terms have already been established
Nature of Case: Securities (retirement fund investment loss)
Electronic Data Involved: Electronic documents, emails
Keywords: discovery, mass email, proportional, retirement,
Key Insight: Methodologies behind TAR are privileged (especially the seed set), the court may also perform in camera review to determine the competency of TAR if necessary, poor TAR practices may allow opposing counsel to set parameters
Nature of Case: Fair Housing Act
Electronic Data Involved: Electronic documents
Keywords: TAR, FHA, discrimination, predictive coding, in camera review
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
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