Key Insight: whether showing of prejudice is necessary for 37(e) sanctions
Nature of Case: dissolution of business
Electronic Data Involved: emails, deleted electronic records
Keywords: Quickbooks
Key Insight: emails included third parties and were not proven to be attorney client privilege and have been improperly withheld
Nature of Case: Breach of contract
Electronic Data Involved: emails improperly withheld as Attorney-client privilege.
Keywords: Attorney-client privilege, improperly withheld, emails copied to third parties.
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 the government intentionally acted in a way that destroyed evidence
Nature of Case: copyright infringement
Electronic Data Involved: TETRA healthcare data federation software, hard drives, digital information
Keywords: spoliation, reasonable steps to preserve, decommissioning
Key Insight: Bifurcation of a pst file does not constitute destruction/spoliation
Nature of Case: Employment age discrimation
Electronic Data Involved: .pst file
Keywords: pst file, “whole, untouched, pristine condition”
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
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: Without intent, adverse inference cannot be granted in spoliation of evidence but lesser sanctions still can
Nature of Case: Wrongful termination,
Electronic Data Involved: Text messages
Keywords: duty to preserve, auction, preowned vehicles
Key Insight: Witness deposition on electronic discovery must have “painstaking specificity” on the particular subject areas that are intended to be questioned.
Nature of Case: Labor-Management Relations Act (secondary boycott activities)
Electronic Data Involved: Notebooks and calendars
Keywords: Sanctions, union,
Key Insight: Whether downloading spyware is sufficient circumstantial evidence could result sanction under rule 37(e)(2)
Nature of Case: computer fraud
Electronic Data Involved: deleted electronic records
Keywords: spyware, digital fingerprints
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