Key Insight: Recorded phone call between party and copyright agent regarding image timing confidential at prelitigation phase
Nature of Case: copyright dispute
Electronic Data Involved: phone call recording
Keywords: protective order, confidential phone call, work-product
Identified State Rule(s): FRBC Rule 4-4.1, 4-1.2
Identified Federal Rule(s): 26(b)(3), 37(a)(5)
Key Insight: law enforcement investigative privilege, law enforcement evidentiary privilege
Nature of Case: insurance coverage litigation
Electronic Data Involved: 911 recordings, video footage, photographs, witness statements, contact information, arrest and intake records
Keywords: in-camera inspection, law enforcement, investigative privilege, evidentiary privilege, particularity
Key Insight: Objection to RFP unreasonable on basis that opposing party failed to provide search terms since each party has independent obligation to produce relevant documents but noted failure to participate
Nature of Case: Patent infringement
Electronic Data Involved: emails and business records
Keywords: search terms
Key Insight: Plaintiff and Defendant’s motions to compel are both granted and denied in part
Nature of Case: Trademark rights, and when TM protection ends
Electronic Data Involved: e-mails, telephone call, business documents, the product in question, interrogatories
Keywords: Trademark, trade secrets, modification, proportional, executive
Key Insight: Scope of work-product doctrine
Nature of Case: Wrongful death
Electronic Data Involved: cellphone information and data
Keywords: tug
Key Insight: ordered forensic examination and sanctions (threatened terminating sanctions) for failure to disclose reconstructed hard drive
Nature of Case: personal injury
Electronic Data Involved: computer files
Keywords: converted motion for sanctions to motion to compel
Key Insight: Discovery should be proportional and limited to the issue
Nature of Case: Intellectual Property (trade secrets)
Electronic Data Involved: All electronic data
Key Insight: Discovery costs must be proportional to the amount in controversy ($20 million in dispute allows for at least $13,000 in discovery costs)
Nature of Case: Contract breach
Electronic Data Involved: Electronic documents/communications
Key Insight: Reduction of file search space can be proportional, use of CAR should be well documented and disclosed to opposing counsel
Nature of Case: Business M&A
Electronic Data Involved: Electronic records searched through computer assisted review (CAR)
Key Insight: Provide only the information requested, especially if it is simple database records, additional work will not be compensated
Nature of Case: Horse Protection Act
Electronic Data Involved: Database records
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