Key Insight: ESI “willfully discarded or deleted”
Nature of Case: Alleged violations of the electronic Communications Privacy Act against defendants accused of stealing plaintiff’s clients and confidential information.
Electronic Data Involved: defendant’s iPhone, laptop and external hard drive
Keywords: adverse-inference instruction, forensic examination of a flash drive.
Key Insight: Plaintiff reset iPhone, shortly before sending to vendor for forensic examination. Previous sanctions had not proven to deter this activity and recommended dismissal of case.
Nature of Case: Wrongful Termination
Electronic Data Involved: iPhone Records
Keywords: spoliation; destruction; sanctions
Key Insight: Defendant had attempted to remove plaintiff as manager of two LLCs during divorce. Plantiff showed evidence of inconsistent metadata within defendant’s key documents. Court ruled defendant did not have right to remove plaintiff and documents showing otherwise were not reliable.
Nature of Case: Validity of Removal of Manager of LLC
Electronic Data Involved: LLC Agreements and Related Documents
Keywords: Metadata; Sanctions
Key Insight: email
Nature of Case: Family Business dispute
Electronic Data Involved: email
Keywords: Pattern of delinquent conduct; Complete disr4egard for court orders; failure to preserve; Zubulake
Key Insight: Plaintiff requested Defendant run 72 “spelling variations” of 5 terms allowed by prior court order. Court denied and allowed 20, but did not apply sanctions yet.
Nature of Case: Libel/Slander
Electronic Data Involved: Various ESI
Keywords: search terms; sanctions; cooperation
Key Insight: Party that does not dispute it spoliated ESI should be sanctioned
Nature of Case: consumer protection class action
Electronic Data Involved: deleted electronic records
Keywords: spoliation sanctions, deleted electronic records
Key Insight: Rule 37 does not directly address destruction of video footage.
Nature of Case: prisoner suicide
Electronic Data Involved: video footage, emails, text messages
Keywords: destruction video, spoliation video
Key Insight: inadequate search and production, misrepresentation, failure to supplement, follow-up, failure to disclose
Nature of Case: patent infringement
Electronic Data Involved: email, board meeting minutes, investor presentations
Keywords: monetary sanctions, needless burden, late disclosures, post-settlement order, misrepresentation, motion to show cause
Key Insight: Spoliation of evidence via a mobile device. Case filed prior to new Rule 37(e) enactment, so, rule does not apply.
Nature of Case: Fair Labor Standards Act violation
Electronic Data Involved: e-mail account records
Keywords: “old” bad faith analysis, misdirection and deception, 2-step verification.
Key Insight: Where Defendant formulated search terms and identified custodians unilaterally before undertaking its search and where plaintiff suspected the results were insufficient based on both the low volume of information produced and the failure to produce certain expected information (based on third parties? productions), the court considered Defendant?s multiple proposals for addressing the issue and determined that starting again, from scratch, was most appropriate; addressing whether the cost was disproportionate, court declined to characterize the costs as ?additional expense,? reasoning that Defendant ?should have resolved these issues before undertaking its unilateral search?
Nature of Case: Patent infringement
Electronic Data Involved: ESI
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