Key Insight: computer passwords/access, act of production
Nature of Case: Fifth Amendment violation (Criminal)
Electronic Data Involved: computer files
Keywords: “foregone conclusion” exception, password, search warrant, encryption, testimonial in nature, compulsion of mental processes
Identified State Rule(s): Pa.R.A.P. 313(b)
Key Insight: Sanctions, Efforts to Thwart discovery, Fraudulent Concealment
Nature of Case: Estates and Trusts
Electronic Data Involved: Hard copy
Keywords: fraudulent concealment, Statute of Limitations, Sanctions, Violation of Court Orders, Failure to produce, Death Penalty sanction, Obstruction, Temporary injunction, Deception of the Court
Identified State Rule(s): Tex. R. Civ. P. 199.3; Tex.R. Civ. P. 176 .8 (a)
Key Insight: whether government had to turn over documents from agencies not part of DOJ
Nature of Case: wire fraud and conspiracy re Theranos
Electronic Data Involved: documents
Keywords: agency documents, Theranos,
Key Insight: Request for text message production by Plaintiffs was considered too broad, but court allowed for modification to more narrowly tailored request.
Nature of Case: Fair Labor Standards Act
Electronic Data Involved: text messages
Keywords: Texts; proportionality
Key Insight: attorney on email to multiple parties seeking input on plan implementation not privileged
Nature of Case: wrongful termination
Electronic Data Involved: emails
Keywords: attorney client privilege
Key Insight: Absolute perfection is not a goal of the discovery process. The county’s claim of burden is unsubstantiated, there is no burden claimed but for ESI privilege review. The burden does not outweigh the proportionality here.
Nature of Case: Fair Housing Act violations
Electronic Data Involved: ESI information concerning mortgage, marketing, etc
Keywords: Proportionality, TAR, burden
Key Insight: Materials stored extraterritoriality could be discoverable, subject to discretion to authorize discovery.
Nature of Case: legality of mandated “fire sale” of bank
Electronic Data Involved: due diligence materials stored in Spain
Keywords: extraterritoriality discovery
Key Insight: Whether the private arbitration panel in this case is considered a “foreign or international tribunal” and therefore whether discovery may be ordered under section 1782(a)
Nature of Case: contract dispute, application for arbitration discovery
Electronic Data Involved: arbitration discovery and “foreign or international tribunal”
Keywords: arbitration, ordered discovery, “foreign or international tribunal”
Key Insight: whether adverse inference is appropriate where investigative file not located
Nature of Case: Title VII disparate treatment
Electronic Data Involved: investigative files
Keywords: adverse inference
Key Insight: ordered to produce a sample of 10 calls chosen by requesting party to see if information duplicative
Nature of Case: RICO
Electronic Data Involved: audio recordings of phone calls
Keywords: credit collector sues firm representing debtors
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