Key Insight: Are the identities of Individuals who leaked documents important?
Nature of Case: Age Discrimination
Electronic Data Involved: Presentation slides, Business planning documents
Keywords: Informant’s privilege, confidential informant
Key Insight: Excessive document production shortly before deposition didn’t justify additional attorney’s fees
Nature of Case: industrial pollution
Electronic Data Involved: documents
Keywords: attorney’s fees, deposition, document production, inadequate preparation
Key Insight: Scope of discovery, speculation about communications is not sufficient to compel discovery.
Nature of Case: Class action product-defect: design flaw
Electronic Data Involved: Reports and communications re reports
Keywords: Privity, Speculation, Overbroad
Key Insight: Third party assignee of rights does not automatically include rights to the fiduciary exception to attorney-client privilege.
Nature of Case: ERISA
Electronic Data Involved: Electronic documents generally (privileged)
Keywords: attorney-client privilege, fiduciary duty, ERISA
Key Insight: Foreign corporation can seek discovery of American party to be used in foreign court if its narrowly tailored
Nature of Case: corporate share agreements, corporate ownership international
Electronic Data Involved: documents (generally)
Keywords: foreign proceedings, corporate ownership, discovery, foreign corporation
Key Insight: Form of production inadequate but can be remedied by providing table of contents
Nature of Case: Breach of contract
Electronic Data Involved: emails and business records
Keywords: mode of production
Key Insight: whether plaintiff was required to turn over subpoenaed phone records (without content)
Nature of Case: Federal Employers Liability Act (FELA)
Electronic Data Involved: telephone records
Keywords: subpoena, privacy, phone records, overbroad
Key Insight: The attorney-client privilege for legal invoices is implicitly waived when those invoices are the primary form of direct evidence for the lawsuit.
Nature of Case: recovery of attorney costs incurred in prior suit
Electronic Data Involved: legal invoices
Keywords: legal invoices, implicit waiver
Key Insight: parties unable to identify search terms that satisfy court direction for “appropriate search terms.” Attorney is not required to offer opposing counsel his or her own ideas about how to narrow a particular search.
Nature of Case: wrongful termination
Electronic Data Involved: approximately 24,000 emails
Keywords: reasonable scope, search terms, format, sampling
Key Insight: denied forensic imaging of ESI because too expensive and intrusive
Nature of Case: Trade Secret Misappropriation
Electronic Data Involved: Forensic imaging of ESI
Keywords: mentions Sedona principles
Copyright © 2022, K&L Gates LLP. All Rights Reserved.