Key Insight: Former client’s discovery requests, including request for hard drives of lawyer’s computers that had generated documents pertaining to client, were overbroad, oppressive and annoying
Nature of Case: Fee dispute between lawyer and former client
Electronic Data Involved: Computer hard drive
Key Insight: Granting plaintiff’s’ motion to compel production of computerized images of employment records which were created to facilitate review of the documents by geographically-dispersed defense counsel, court held that images did not constitute attorney work product since images did not contain mental impressions or legal theories and would not give plaintiffs insight into defense strategy or opinions; plaintiffs to pay only nominal copying costs and not portion of $250,000 imaging cost incurred by defendant
Nature of Case: Race discrimination
Electronic Data Involved: Computerized images of employment records
Key Insight: Plaintiff’s motion to compel copy of “list files” screen, which listed each document created by name or number, as well as the size of the document, the date on which it was created and the date on which it was last edited, granted where plaintiff demonstrated need to determine whether key documents were back-dated
Nature of Case: Wrongful termination (discrimination based on race/national origin)
Electronic Data Involved: Copy of “list files” screen showing details of files on computer of individual defendant
Key Insight: Defendant’s response to (overbroad) document request, which directed requesting party to defendant’s web site where relevant HR policies and a particular employee handbook could be retrieved, was not insufficient response; court narrowed request and ordered production of any additional documents within 20 days; no sanctions warranted
Nature of Case: Former employee alleged violations of free speech, due process and gender discrimination
Electronic Data Involved: Electronic HR policies and manuals
Key Insight: No abuse of discretion to deny plaintiff’s motion to compel discovery of “computer diskette or tape copy of all word processing files created, modified and/or access by, or on behalf” of five employees over 2-1/2 year period as overbroad and unduly burdensome
Nature of Case: Age discrimination
Electronic Data Involved: Word processing files
Key Insight: Plaintiff’s use of Cyberscrub data wiping software prior to court-ordered inspection of her computer and after agreeing on the record that she would not purge her hard drive or delete any documents, and her misrepresentations about age of hard drive, were not sufficiently egregious to warrant dismissal but did warrant an adverse inference instruction
Nature of Case: Sexual harassment and whistleblower claims by former employee
Electronic Data Involved: Hard drive of plaintiff’s personal computer
Key Insight: District court’s refusal to enforce subpoena seeking non-party’s research data affirmed
Nature of Case: Herbicide cancellation proceeding
Electronic Data Involved: Research data regarding toxicity studies of third party
Key Insight: Where defendant voluntarily divulged a privileged email communication at unemployment hearing and in response to discovery request, defendant waived any privilege with respect to the communication and to testimony and documents regarding the same subject matter; trial court erred in granting the defendant’s motion for return of the communication and for protective order, and in denying plaintiff’s motion to compel
Nature of Case: Wrongful discharge
Electronic Data Involved: Email
Key Insight: Defendant not required to produce entire database; defendant ordered to re-search database for information relevant to subject property and if further information found, to produce it
Nature of Case: Lessor sued for contract breach and related claims stemming from leaking underground storage tank
Electronic Data Involved: Database containing information re facilities with leaking underground storage tanks
Key Insight: Defendant ordered to provide a complete and full response to interrogatory seeking information about Hospital Authority’s computer and email systems; defendant’s “very brief and general response” was insufficient
Nature of Case: Former employee alleged violations of free speech, due process and gender discrimination
Electronic Data Involved: Information re computer and email systems
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