Key Insight: spoliation sanctions
Nature of Case: breach of contract
Electronic Data Involved: e-mails
Keywords: duty to preserve, automatic deletion, permissive spoliation instruction, intent to deprive, spoliation, 37(e)(2)
Key Insight: Plaintiffs said no responsive documents existed; deposition; Court awarded $25,000 of $45,000 in attorneys fees due to billing problems by defendant
Nature of Case: Statutory and Common Law Publicity Rights
Electronic Data Involved: E-Mail
Keywords: Sanctions; Timely Response; Privilege Log
Key Insight: spoliation, FRCP 37(e)
Nature of Case: Trademark infringement, unfair competition, breach of contract
Electronic Data Involved: hard copy, email, other ESI
Keywords: oral litigation hold, duty to preserve, destroyed paper files, sanctions, legal hold, sufficient procedures, bad faith, relevance, rule amendment, server migration, negligence, bad faith, gross negligence
Key Insight: Forged Skype conversation does not terminate case, but leads to attorney’s fees and adverse inference
Nature of Case: Trademark infringement
Electronic Data Involved: Skype conversation
Keywords: Skype, forgery, GoPro, ABYSS
Key Insight: Expert opinion re spoliation is discarded. Spoliation motion denied since plaintiff has not shown that there was intent to deprive or that she has suffered any prejudice.
Nature of Case: Excessive force
Electronic Data Involved: Video of the subject of litigation
Keywords: spoliation, intent to deprive, prejudice, expert, affidavit, sanctions
Key Insight: Sanctions are inappropriate where deleted emails were recovered
Nature of Case: first amendment
Electronic Data Involved: emails, deleted electronic records
Keywords: deleted emails, recovering deleted records
Key Insight: requiring creation of new documents, proportionality
Nature of Case: breach of contract
Electronic Data Involved: electronic records
Keywords: timeliness, relevance, raw data, create, creation of documents, cost-shifting, preclusion order
Identified Local Court Rule(s): Loc. Civ. R. 37.1
Key Insight: Defendant’s production was held to be inadequate due to only producing 1k out of tens of thousands, and not providing a signed verification that the production was full and complete.
Nature of Case: Contract
Electronic Data Involved: financial records, documents
Keywords: inadequate production, signed verification, trade secrets
Key Insight: Spoliation of text messages, negligent spoliation, analysis under FRCP 37(e)
Nature of Case: Employment, wrongful termination, retaliation
Electronic Data Involved: Text messages
Keywords: Litigation hold, spoliation, text messages, 37(e), jury instruction,
Key Insight: sanctions for incorrect data
Nature of Case: patent infringement
Electronic Data Involved: testing data
Keywords: monetary sanctions, attorneys’ fees, prompt disclosure, inaccurate data
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