Key Insight: Stating that it was convinced that DuPont was proceeding as fast as it could, given privilege concerns and the sheer bulk of the documents at issue, court denied plaintiffs’ request that DuPont provide a more expedited production of electronic documents
Nature of Case: Tort claims for crop damage allegedly resulting from government’s spraying of herbicide
Electronic Data Involved: Electronic documents
Key Insight: Where plaintiff did not demonstrate that focus of the defendants’ search was not reasonably directed toward finding responsive documents, and failed to establish that relevance and necessity of any further discovery into email backup tapes outweighed burden and expense that would ensue, not to mention further delay which would certainly follow, court denied motion to compel
Nature of Case: Breach of contract
Electronic Data Involved: ESI stored on backup tapes
Key Insight: Where plaintiff established through deposition testimony that discoverable documents existed which had not been produced, but court found no bad faith, court declined to give adverse inference instruction and instead allowed plaintiff to seek missing documents from backup tapes and to corroborate substance of any missing documents from witnesses where documents themselves could be recovered
Nature of Case: Alleged violations of Americans with Disabilities Act
Electronic Data Involved: Email; backup tapes
Key Insight: Court denied plaintiffs’ request for sanctions, additional depositions and for an order compelling production of electronic data and signal plans in light of plaintiffs’ failure to diligently pursue such requests and failure to establish need for additional discovery at late stage of litigation; court granted plaintiffs opportunity to show that motion was substantially justified and deferred consideration of defendant’s request for expenses incurred in opposing motion
Nature of Case: Claims arising from collision between freight train and automobile
Electronic Data Involved: Data from event recorders and other components and equipment of the crossing signal system
Key Insight: Nothing that in its estimation, “‘a print-out of computer data’ is significantly different than the report requested here by Defendant or any ‘analyses’ of documents,” court ruled that Rule 34 does not require responding party to create or generate responsive materials in specific form requested by the moving party; however, to extent that party merely requested computer print-out of information at issue, such print-outs fell within bounds of Rule 34 and should be produced
Nature of Case: Negligence, lost profits and indemnification
Electronic Data Involved: Computer printouts
Key Insight: Where computer search identified 7845 potentially responsive files but defendant argued production would be unduly burdensome and where plaintiffs acknowledged that a 10% sampling would be sufficient, court ordered submission of computer printout of all potentially relevant files to the court and used online program to randomly select sampling for production; court granted plaintiffs? discovery requests for additional data related to loans only as they pertained to 10% sampling
Nature of Case: Violation of Federal False Claims Act
Electronic Data Involved: 7845 computer files
Key Insight: Where trial court granted plaintiff access to all defendant?s databases, including an exclusively privileged database, based upon an unproven assumption regarding ease of production and upon defendant?s violation of a prior court order by failing to provide sufficient information regarding its search efforts, appellate court quashed order noting that defendant?s violations were correctable and non-prejudicial and thus could not justify invasion of the attorney-client privilege or work product
Nature of Case: Personal injury
Electronic Data Involved: Database
Key Insight: Resolving a number of discovery issues, court denied plaintiff?s motion to compel production of emails and other stored electronic data concerning plaintiff, stating: ?Plaintiff’s bald assertion that there must be more e-mails than the 100 already produced is not persuasive to the court.?
Nature of Case: Gender discrimination, harassment, retaliation and constructive discharge
Electronic Data Involved: Email and other ESI
Key Insight: Where owner of defendant SAM admitted that boxes of SAM’s files and SAM’s server were stored in his home, but he had not affirmatively searched the boxes or server on his own for responsive information, and indicated, rather, that his wife and son looked through the documents when they could, court found discovery responses insufficient and ordered SAM to provide supplemental responses within 15 days; court further ordered SAM to hire a qualified third-party forensic computer specialist to conduct a search of SAM’s computer server since it was unclear whether owner?s son had the technological know-how to conduct a comprehensive search and owner had treated discovery requests ?lackadaisically?
Nature of Case: Breach of Dealer and Security Agreements
Electronic Data Involved: Paper and electronic documents, computer server
Key Insight: Where plaintiffs argued that several BEI supervisors had testified they had not been instructed to preserve documents related to case, court agreed that defense counsel?s litigation hold letter was privileged and ordered BEI to disclose date on which letter was sent and names of recipients
Nature of Case: Employment discrimination
Electronic Data Involved: Letter from BEI’s counsel to BEI supervisors advising them to implement a litigation hold
Copyright © 2026, K&L Gates LLP. All Rights Reserved.