Key Insight: whether discovery can be bifurcated for the purpose of a dispositive motion and third party discovery
Nature of Case: Violation of the Telephone Consumer protection Act of 1991.
Electronic Data Involved: bifurcated discovery, emails, third party telephone records
Keywords: bifurcated discovery, class discovery, stayed discovery,
Key Insight: Documents can be sealed if they are contain trade secrets and the unsealed exhibits attached to the sealed exhibits could reveal them.
Nature of Case: trade secret misappropriation
Electronic Data Involved: documents
Keywords: motion to seal, trade secrets
Identified Local Court Rule(s): 5(g)(3)(A) Motion to Seal, 5(g)(3)(B)
Key Insight: Recorded phone call between party and copyright agent regarding image timing confidential at prelitigation phase
Nature of Case: copyright dispute
Electronic Data Involved: phone call recording
Keywords: protective order, confidential phone call, work-product
Identified State Rule(s): FRBC Rule 4-4.1, 4-1.2
Identified Federal Rule(s): 26(b)(3), 37(a)(5)
Key Insight: Plaintiff and Defendant’s motions to compel are both granted and denied in part
Nature of Case: Trademark rights, and when TM protection ends
Electronic Data Involved: e-mails, telephone call, business documents, the product in question, interrogatories
Keywords: Trademark, trade secrets, modification, proportional, executive
Key Insight: Protective order barring opposing council from viewing confidential materials denied for being too far
Nature of Case: trademark infringement, unfair competition
Electronic Data Involved: expert information
Keywords: trademark, protective order
Key Insight: What amounts to good cause to seal relevant evidence from public view
Nature of Case: Civil Rights Action, violation of 8th amendment
Electronic Data Involved: confidential health information and confidential investigatory information obtained from witness interviews
Keywords: HIPPA, seal, confidential health information, good cause
Key Insight: Fourth Amendment, state actor, criminal activity
Nature of Case: unemployment insurance fraud
Electronic Data Involved: text messages, images
Keywords: Civil capacity, cell phone, insurance investigation,
Key Insight: propriety of video deposition, privilege, scope of discovery
Nature of Case: challenge to Kansas documentary proof of citizenship law
Electronic Data Involved: video deposition
Keywords: protective order, joint proposal, video deposition, sanctions, confidentiality
Key Insight: With prior notive, any party can specify another method of recording testimony than was in the original notice
Nature of Case: Admiralty action
Electronic Data Involved: Videotaped deposition
Keywords: Protective orders, EU,
Key Insight: Should a party conduct a relevance review before returning requested discovery to the opposing side?
Nature of Case: Copyright
Electronic Data Involved: e-mails
Keywords: relevancy review, ESI, search terms
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