Key Insight: whether to wait eve of trial could undertake the necessary fact finding to resolve issues that the plaintiff raises
Nature of Case: Violation of TCPA
Electronic Data Involved: call records
Keywords: spreadsheet, dialing system
Key Insight: whether plaintiff has a duty preserve audio recordings prior to counter claims
Nature of Case: breach of contract
Electronic Data Involved: Audio recordings
Keywords: trespass to chattels, conspiracies, replevin
Key Insight: failure to preserve electronically stored information. Claim that no spoliation occurred because records are available from 3rd parties. Under 37(e), information is lost only if it is irretrievable from another source.
Nature of Case: Improper business practices
Electronic Data Involved: google email accounts and electronic dealer management system records
Keywords: failure to preserve. “it cannot be restored or replaced through additional discovery.” FRCP 37(e)
Key Insight: Lack of action taken is not a reasonable step to maintain evidence and can lead to spoliation sanctions
Nature of Case: Employment/breach of contract
Electronic Data Involved: Email, text messages
Keywords: 30 day deletion, InoSpine
Key Insight: ESI protocol agreed to by parties precluded EEOC from arguing other tapes were spoiled since Defendant complied with protocol.
Nature of Case: Employment Discrimination
Electronic Data Involved: E-mails and Documents regarding employee hotline
Keywords: Spoilation; Agreements between Parties
Key Insight: Rule 45 subpoena to defendant upheld and party warned over boilerplate objections
Nature of Case: Trade Secret Misappropriation
Electronic Data Involved: documents
Keywords: judge warns of sanctions
Key Insight: video surveillance showing incident on which part of complaint is based could not be found by D, P motions for sanction for spoliation of evidence.
Nature of Case: employment discrimination, sexual harassment, workers compensation
Electronic Data Involved: Video surveillance
Keywords: spoliation, sanctions, preservation, surveillance, harassment, employment discrimination, bad faith
Key Insight: Social media is discoverable if limited, relevant, and proportional
Nature of Case: Employment discrimination
Electronic Data Involved: electronically stored information, social media
Keywords: Social media
Key Insight: Sanctions and shifted burden of proof imposed for failure to produce with intent to deprive.
Nature of Case: Discovery abuse sanctions
Keywords: spoliation, intent to deprive, sanctions, burden of proof shift, bad faith
Key Insight: whether the defendant acted with the intent to deprive plaintiff of the information’s use in the litigation
Nature of Case: personal injury
Electronic Data Involved: videotape
Keywords: videotape, garage door
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