Key Insight: imperfect and slow, gradual production not sanctioned
Nature of Case: disability discrimination, failure to accommodate, retaliation, ? 1983 violations, and wrongful termination in violation of public policy
Electronic Data Involved: emails
Keywords: flawed retention policies,
Key Insight: NDA adequately protects confidential and/or privileged information during forensic examination
Nature of Case: employment discrimination
Electronic Data Involved: email
Keywords: forensic examination
Key Insight: Sanctions for delays caused by bad faith reliance on a vendor for a small production.
Nature of Case: discovery delays
Electronic Data Involved: archived e-mail
Keywords: discovery delay, discovery vendor, small production, bad faith
Key Insight: sanctions affirmed for discovery violations including using data wiping software to delete files
Nature of Case: repossession
Electronic Data Involved: deleted electronic records
Keywords: earth moving equipment repossession, deleted computer files, data wiping
Identified State Rule(s): Minnesota Rule of Civil Procedure 60.02
Key Insight: While privilege logs are not explicitly required when claiming privilege, they are the best way to properly assert attorney-client privilege
Nature of Case: Contract dispute
Electronic Data Involved: Electronic documents generally
Keywords: privilege log, website, servers, car,
Key Insight: no spoliation becuase no evidence responsive data deleted and no prejudice. Oral litigation hold upheld, but be wary.
Nature of Case: Breach of Contract; Unfair Competition
Electronic Data Involved: Various ESI- personal emails, files from work computer
Keywords: oral litigation hold; spoliation
Key Insight: all counterclaims dismissed and attorneys’ fees paid for willful contempt
Nature of Case: misappropriation of trade secrets
Electronic Data Involved: computer files
Keywords: severe sanctions
Key Insight: lost evidence, data preservation
Nature of Case: breach of contract
Electronic Data Involved: destroyed electronic records of experts
Keywords: Case dismissal applicable only in extreme circumstances, defensible collection
Key Insight: Discovery sanctions motion.
Nature of Case: Workplace discrimination.
Electronic Data Involved: Employment records including personnel files of supervisors and documents regarding performance of other employees.
Keywords: Failure to preserve, search terms, motion to compel.
Key Insight: If a party cannot show that destruction of video footage was intentional, then sanctions can be awarded unless it can be shown that the destroyed evidence would be relevant.
Nature of Case: grocery store slip and fall
Electronic Data Involved: surveillance camera footage
Keywords: video surveillance, spoliation, intentional destruction of evidence
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