Key Insight: relevance and proportionality
Nature of Case: false advertising
Electronic Data Involved: documents, communications
Keywords: relevant, proportional, reconsideration, additional discovery, custodial files, protective order, third party discovery
Key Insight: Courts should be less involved in discovery dispute regarding ESI despite recent FRCP amendments
Nature of Case: Labor Standards Class Action
Electronic Data Involved: third party electronic payroll data
Keywords: FRCP 2015 amendments, electronically readable fomat
Key Insight: No produced emails were from the Mayor. Mayor’s deposition not necessary or proportional to needs of the case.
Nature of Case: employment discrimination and retaliation
Electronic Data Involved: Over 6,500 emails and attachments produced by defendant.
Keywords: Relevant and proportional, proportionality, mere conjecture and conclusory statements.
Key Insight: Despite previously ordering production of ESI, court considered motion for protective order by defendant after the ?enormity of the task became apparent? and granted the motion in light of defendant?s presentation of evidence showing that responding to the at-issue requests would take 8,982 hours of work at a cost of $230,000, if accomplished by contract staff; court indicated that it found ?merit? in Defendant?s proposal to provide a random sample of the at-issue information ?from a standpoint of accuracy,? reasoning that ?human error would be a realistic factor? if Defendant were to employ contract workers to conduct a manual review of all of the records under time constraints
Electronic Data Involved: Electronic hospital records
Key Insight: Refusal to produce documents. Clergy-penitent privilege
Nature of Case: Negligence and failure to warn (Sexual Abuse)
Electronic Data Involved: letter,email, fax,ESI
Keywords: Willful refusal to comply with discovery order; Monetary sanctions; Judicial estoppel
Key Insight: 1500 documents withheld as privileged under procedures in FRE 502 (d);
Nature of Case: Fifth Amendment, taking private property without just compensation
Electronic Data Involved: 1500 documents
Keywords: quick peek, privileged, taking, unjust compensation
Key Insight: Should deficient search terms be supplemented using court appointed terms? And how closely should counsel work together on electronic searches?
Nature of Case: Workplace discrimination
Electronic Data Involved: e-mails, documents of complaints and communication about complaints
Keywords: Keywords, Cooperation,
Key Insight: The Stipulated Protective Order is too broad and is not consistent with the RCP
Nature of Case: Transgender/sex employment discrimination
Electronic Data Involved: confidential documents, Stipulated Protective Order
Keywords: Stipulated Protective Order, confidential, Rules of Civil Procedure
Key Insight: whether the loss of a cell phone can give rise to an adverse inference re location data
Nature of Case: insurance fraud
Electronic Data Involved: lost cell phone
Keywords: spoliation; adverse inference
Key Insight: Attorney client privilege and work product protections for communications from company devices
Nature of Case: employment discrimination
Electronic Data Involved: Company laptop data
Keywords: attorney client privilege, computer forensics, privacy policy, work product
Identified State Rule(s): CPLR 3103
Copyright © 2022, K&L Gates LLP. All Rights Reserved.