Key Insight: whether terminating sanctions are appropriate where party engaged in discovery misconduct, including intentionally limiting search terms to exclude documents
Nature of Case: Trademark, Unfair Competition
Electronic Data Involved: documents
Keywords: sanctions, terminate, discovery misconduct, removed document, fraud on the court
Key Insight: whether discovery should be stayed until after dispositive motions
Nature of Case: violations of the Telephone Consumer Protection Act
Electronic Data Involved: stay of discovery
Keywords: “safe harbor” defense, stay of discovery, dispositive motions
Key Insight: Excessive document production shortly before deposition didn’t justify additional attorney’s fees
Nature of Case: industrial pollution
Electronic Data Involved: documents
Keywords: attorney’s fees, deposition, document production, inadequate preparation
Key Insight: whether plaintiff was required to turn over subpoenaed phone records (without content)
Nature of Case: Federal Employers Liability Act (FELA)
Electronic Data Involved: telephone records
Keywords: subpoena, privacy, phone records, overbroad
Key Insight: European privacy requirements preclude the production of personal data but a foreign country’s statute does nto deprive an American court the power to order production .
Nature of Case: Patent Infringement
Electronic Data Involved: Emails from a single individual
Keywords: international privacy statute, personal data,
Key Insight: Plaintiffs object to dismissal of a counterclaim against them because Defendant’s desire to dismiss the claim is related to loss of relevant ESI
Nature of Case: defamation, trademark infringement
Electronic Data Involved: E-mail, instant messages
Keywords: counterclaim, motion to amend, diligent, dismissal
Key Insight: objections to requests for production, overly broad requests, overly broad objections, merit-less objections
Nature of Case: Hospital Fraud, laboratory tests billing scheme, insurance fraud
Electronic Data Involved: Billing data, invoices, financial records
Keywords: fifth amendment, overly broad, unduly burdensome, preservation efforts, retention notice, objection specificity
Key Insight: whether social media photos or videos where the party is tagged can be discoverable with limitations
Nature of Case: Personal injury
Electronic Data Involved: social media photographs, social media private access
Keywords: tagged, social media access, alleged restriction or disability, photo, basketball, car accident
Key Insight: P subpoenaed for documents from a third-party after failing to receive the same information from defendant
Nature of Case: employment dispute
Electronic Data Involved: contracts/agreements, subcontractor agreements, financial information, e-mail
Keywords: subcontractor, independent contractor, technician, subpoena, third-party, undue burden on a person subject to subpoena
Key Insight: Sanctions and shifted burden of proof imposed for failure to produce with intent to deprive.
Nature of Case: Discovery abuse sanctions
Keywords: spoliation, intent to deprive, sanctions, burden of proof shift, bad faith
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