Key Insight: Failure to produce discovery and making misrepresentations about the nature and content of documents so as to not produce them.
Nature of Case: trademark infringement
Electronic Data Involved: business documents, text messages, personal messages of employees.
Keywords: Compel, “chinese privacy law” misrepresentation,
Key Insight: whether failure to maintain e-mail website domain and preserve e-mails it contained demonstrated “intent to deprive” under Rule 37(e)
Nature of Case: trade secret
Electronic Data Involved: e-mail, e-mail website domain
Keywords: superfluous
Key Insight: whether the plaintiff is required to identify the specific fields of information for Rule 26(f) conference
Nature of Case: Violation of TCPA
Electronic Data Involved: telephone calls from autodialing system
Keywords: autodialing system
Key Insight: relevance, proportionality, undue burden, relative access
Nature of Case: contract dispute
Electronic Data Involved: sweeping document request
Keywords: motion to quash, defunct entity, third party subpoena
Key Insight: Producing illegible, blurry, or documents in an obscure file format may require reproduction of legible versions of the documents and the costs of the motion to compel that production are on the at-fault party
Nature of Case: Contract dispute
Electronic Data Involved: Electronic documents
Keywords: Quality, blurry, black and white, color, mbox
Key Insight: objection that requests are not relevant because requesting party’s defense is meritless is sanctionable
Nature of Case: interception of communication, defamation
Electronic Data Involved: email, text messages, calendars
Keywords: improper objection sanctioned
Key Insight: Request to reproduce documents in a format conforming to rules is not unreasonable, native (usual course of business) format does not entitle a party to all metadata (must be requested specifically)
Nature of Case: Insurance coverage litigation
Electronic Data Involved: Electronic documents (metadata)
Keywords: PDF, native, format, usual course of business, metadata
Key Insight: Direct inspection of mobile devices for specific information (browsing history/cookies) or the full web browsing history/cookies is not proportional to matters regarding a single company’s websites
Nature of Case: Data privacy
Electronic Data Involved: Cookies, internet history
Keywords: zombie cookie, Verizon, respawn, orwellian irony
Key Insight: accessibility of data
Nature of Case: Violations of the FCRA
Electronic Data Involved: information related to similar lawsuits and consumer complaints
Keywords: data, searchable, accessible, access*, undue burden,
Key Insight: Available resources plays into undue burden decision making and when part of the data has already been produced, relevance has already been conceded
Nature of Case: Infringement
Electronic Data Involved: Telemetry data
Keywords: Telemetry data, GPDR
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