Key Insight: Did not withhold irrelevant texts. Judge denied clawback for relevance.
Nature of Case: Contract
Electronic Data Involved: Text Messages
Keywords: clawback, relevance
Key Insight: whether failure to provide text messages talked was spoliation of evidence
Nature of Case: employment discrimination
Electronic Data Involved: forensic imaging of plaintiff’s cell phone, relevant text messages
Keywords: text messages, forensic imaging of cell phone, spoliation
Key Insight: Plaintiff lost access to Facebook, subsequently regained access and then deleted while case was pending summary judgment. Defendant was granted adverse inference jury instruction, not dismissal requested.
Nature of Case: Discrimination, Retaliation and Unjust Dismissal
Electronic Data Involved: Facebook Account Records
Keywords: Facebook, Spoilation, Deletion, Access
Key Insight: Protective Order in place regarding source code. Defendant asked for portion to be printed, which was refused. Plaintiff was ordered to produce requested source code.
Nature of Case: Unlawful Use of Information
Electronic Data Involved: Source Code, Log Files, File Directory
Keywords: Source Code; Protective Order
Key Insight: Responsive communications were intentionally withheld and destroyed when the plaintiffs switched to an encrypted communication app
Nature of Case: wrongful termination and age discrimination
Electronic Data Involved: emails, text messages.
Keywords: Intentional spoliation, bad faith, encrypted communication application
Key Insight: whether the burden or expense of the proposed discovery outweighs its likely benefit
Nature of Case: Unjust enrichment
Electronic Data Involved: documents and metadata
Keywords: metadata, discovery categories, relevant and proportional
Key Insight: Court did not grant motion to allow only TAR review but ordered cost estimate for cost shifting if requesting party proceeds with insisting review of 100k documents with 1-2% relevance rate
Keywords: low responsive rate and TAR
Key Insight: A law firm’s investigative records prepared for a client may not be withheld on work-product grounds from that client or former client.
Nature of Case: bankruptcy
Electronic Data Involved: Law firm investigative records and forensic accounts
Keywords: work-product, mental impressions, investigative records
Key Insight: waived all objections except for privilege where at first MTC hearing responding party represented that its only objection was based on privilege
Nature of Case: copyright infringement
Electronic Data Involved: ESI
Keywords: MTC hearing
Key Insight: Responding party did not meet its burden to show requests were improper because it only responded with general objections
Nature of Case: breach of contract
Electronic Data Involved: emails and business records
Keywords: general objection,
Copyright © 2022, K&L Gates LLP. All Rights Reserved.