Key Insight: enhancement of protective order to ensure heightened confidentiality of one document.
Nature of Case: breach of contract and false and misleading statements
Electronic Data Involved: confidentiality of proprietary aggregate data product
Keywords: protective order, heightened confidentiality
Key Insight: argue that those requests and subpoenas are overly broad
Nature of Case: Motor vehicle accident negligence, personal injury
Electronic Data Involved: medical bills, records, and data for treatment received over a year before incident pertaining to rate of reimbursement
Keywords: subpoena, provider billing structure, medical billing and records, overly broad and burdensome
Key Insight: two reports for different suits, written by the same expert. defendants in those cases subpoenaed each other’s report to get it without confidentiality restrictions
Nature of Case: intellectual property infringement
Electronic Data Involved: expert report deemed confidential
Keywords: subpoena, expert report, confidential, privilege, protective order
Key Insight: Sanctions granted for first claiming withholding all responsive documents, then claiming there were no responsive documents. Protective Order violated by using information obtained under protective order to locate public information.
Nature of Case: false advertising/trademark infringement
Electronic Data Involved: Document related to claimed settlement achieved
Keywords: privilege, sanctions
Key Insight: phone records for certain employee numbers overbroad
Nature of Case: discrimination and retaliation
Electronic Data Involved: text messages and phone records
Keywords: subpoena phone records
Key Insight: production from additional custodians not justified because expensive and not fruitful to date
Nature of Case: TRO
Electronic Data Involved: emails
Keywords: additional custodians
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: Whether a subpoenaed third party is entitled to costs and portion of fees before engaging in document processing
Nature of Case: RICO and First Amendment Retaliation
Electronic Data Involved: documents
Keywords: fee shifting, undue burden, costs and fees
Key Insight: general objections overruled and defendant ordered to produce records relating to profits, but does not have to disclose all documents relating to “methods of calculating” profits beyond what is necessary to understand
Nature of Case: Misappropriation of trade secrets
Electronic Data Involved: business records re profits
Keywords: general objection,
Key Insight: Are the identities of Individuals who leaked documents important?
Nature of Case: Age Discrimination
Electronic Data Involved: Presentation slides, Business planning documents
Keywords: Informant’s privilege, confidential informant
Copyright © 2022, K&L Gates LLP. All Rights Reserved.