Key Insight: Non-party ESI must be in the possession, custody or control; phone not city owned, no consent given by city official- did not require production; prior phone and service provider required supplemental briefing regarding service provider contractual obligations
Nature of Case: Civil Rights
Electronic Data Involved: Cell Phone/Text Messages
Keywords: text messages, phones, service provider, consent, ownership
Key Insight: Whether a search warrant was necessary to ascertain the Defendant’s personal information from a non-governmental third party organization that was forwarded e-mails containing evidence that Defendant possessed child pornography
Nature of Case: criminal prosecution – child pornography
Electronic Data Involved: e-mails, personally identifying information attached to e-email account
Keywords: “The Fourth Amendment to our Constitution protects persons against unreasonable searches and seizures”, “Tolbert moves to suppress”, “Motion to Suppress Evidence”
Key Insight: Undue burden or cost of discovery alleged by defendant.
Nature of Case: antitrust class action
Electronic Data Involved: ESI searches upon 12 custodians
Keywords: Has not made a threshold showing, does not satisfy the rule 26(b)(2)(C) factors.
Key Insight: Providing evidence of voluminous discovery allows for narrowing of search terms
Nature of Case: Patent infringement
Electronic Data Involved: Electronic documents
Keywords: Webasto, Jeep,
Key Insight: Court limited use of foreign materials to those relevant to the case. Only items where respondent involved were allowed.
Nature of Case: Fraud
Electronic Data Involved: Materials used in foreign legal proceedings
Keywords: Foreign Proceedings
Key Insight: Spoliation; Duty to preserve; AC/WP; Voluntary disclosure doctrine
Nature of Case: Personal injury
Electronic Data Involved: ESI; Videos; Digital data and metadata; Photographs; SD/media card; email; Forensic exam of cell phone
Keywords: Dishonest report of personal injury; Summary Judgment; FRSA; LIA; Spoliation; dispositive sanctions; extraordinary circumstances; Willfulnes; Bad Faith; Prejudices; adverse inference; misappropriated documents; AC/WP
Key Insight: whether certain ESI production requests relating to ESI created both before and after a personal injury incident are proportional to the needs of the case
Nature of Case: personal injury, Jones Act
Electronic Data Involved: text messages, call logs, roaming data logs, phone account information, credit card transaction history, bank account transaction history
Keywords: “defendants are fishing”, ” balance of the benefits and burdens of these post-incident discovery requests are not in defendants’ favor”, “wheelhouse”
Key Insight: relevance of search terms, proportionality
Nature of Case: breach of contract, trade secrets
Keywords: sanctions, motion to compel, search terms, third-party subpoenas, personal capacity, proportionality, attorney’s fees, current version, pending motion for protective order
Key Insight: Defendant claimed reviewing 363,000 emails would be unduly burdensome. Court rules that even the expected responsiveness rate of between 8.3% and 15% meant it would be valuable. Court required defendant to review the emails and denied cost shifting requested by defendant.
Nature of Case: Employment Discrimination
Electronic Data Involved: Email
Keywords: burdensome, responsiveness, proportionality
Key Insight: Whether evidence on which the ruling is based can be redacted and kept from the public
Nature of Case: Multi-district product liability
Electronic Data Involved: evidence placed under seal
Keywords: under seal, redaction
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