Key Insight: whether failure to maintain e-mail website domain and preserve e-mails it contained demonstrated “intent to deprive” under Rule 37(e)
Nature of Case: trade secret
Electronic Data Involved: e-mail, e-mail website domain
Keywords: superfluous
Key Insight: spoliation
Nature of Case: Fair Labor Standards Act, retaliation
Electronic Data Involved: mobile phone data, text messages
Keywords: spoliation, sanctions, preservation, reasonable steps, intent to deprive, negligence
Key Insight: Plaintiff produced cast majority of document after discovery cutoff. Court ruled that this warranted sanctions and excluded them from using those document, jury instruction , excluded their expert testimony and awarded attorneys fees to defendant.
Nature of Case: Breach of Contract
Electronic Data Involved: Cash Transaction Records
Keywords: Sanctions, production after deadline, expert opinions
Key Insight: Attorney sanctions for dishonest conduct and willful interference with discovery process
Nature of Case: Employment discrimination
Keywords: attorney misconduct, dishonest conduct, false testimony
Key Insight: ineffective litigation hold, failure to preserve electronic evidence
Nature of Case: workplace harassment and discrimination
Electronic Data Involved: emails, text messages, instant messages
Keywords: instant messages, faulty and failed litigation hold, the defendant “bollixed its litigation hold”
Key Insight: Whether insufficient care with selection of search terms, which resulted in the withholding of relevant emails amounts to spoilation
Nature of Case: bankruptcy
Electronic Data Involved: emails
Keywords: insufficient care, search terms, spoilation
Key Insight: When does the duty to preserve arise, what constitutes a sufficient triggering event?
Nature of Case: Contract violation
Electronic Data Involved: WeChat messages
Keywords: Spoliation sanctions, adverse inference,
Key Insight: spoliation, failure to preserve ESI
Nature of Case: wrongful termination, negligence, violation of rights
Electronic Data Involved: surveillance footage, video footage
Keywords: surveillance footage, permanent storage, automatic overwrite, download
Key Insight: sanctions for fabrication of documents
Nature of Case: breach of contract
Electronic Data Involved: e-mails
Keywords: spoliation, fabrication, native version, native file, terminating sanctions, litigation hold
Key Insight: Plaintiff was sanctioned for re-litigating issues, ignoring court orders and insisting on overbroad scope of discovery
Nature of Case: products liability
Electronic Data Involved: Documents generally
Keywords: sanctions, scope of discovery, disregarding court orders
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