Key Insight: Privilege waived after failure to provide sufficient descriptions on privilege log
Nature of Case: Securities Fraud
Electronic Data Involved: E-mails
Keywords: Privilege log, waiver
Key Insight: Whether discovery of requested records is relevant and proportional, whether privilege as regards medical records is waived when a plaintiff puts his/her medical condition at issue
Nature of Case: ADA disability discrimination
Electronic Data Involved: medical and financial records
Keywords: relevant, proportional, ADA, privilege, admissibility, mental condition
Key Insight: requests are overbroad, alternative “live test” proposed instead of inspection of devices.
Nature of Case: Plaintiff allegation of Defendant engagement in a click fraud scheme.
Electronic Data Involved: inspection of defendant’s computing devices (computers, phones, tablets, etc)
Keywords: wasteful discovery, common-sense concept of proportionality, Winter list
Key Insight: search terms, proportionality
Nature of Case: employment discrimination
Electronic Data Involved: electronic records
Keywords: search terms, boolean connectors
Key Insight: primarily/predominantly legal
Nature of Case: Patent Dispute
Electronic Data Involved: PowerPoint Slide Presentation
Keywords: in-house counsel
Key Insight: whether plaintiffs had met their burden to show that adequate meet and confer discussions took place prior to filing their motion to compel.
Nature of Case: 1983 Civil Rights Act claim
Electronic Data Involved: unspecified ESI
Keywords: “The burden of ensuring that proper meet and confer discussions take place is on the moving party”, plaintiffs did not make the necessary efforts to meet and confer”, “Plaintiffs were plainly deficient in their efforts”
Identified Local Court Rule(s): E.D. Cal. R. 251(b)
Key Insight: production of ESI that party lacks possession of
Nature of Case: breach of contract
Electronic Data Involved: flash drive
Keywords: possession, relevance, custody, control, cost shifting, 34(a), non-party
Key Insight: After later learning the theory recovering lost profits is based on, parties must rely on documents produced during discovery
Nature of Case: patent infringement
Electronic Data Involved: Documents
Keywords: recovering lost profits, inexorable-flow theory damages, scope of discovery
Key Insight: One party failing to perform their duties in discovery does not absolve the other party’s failures
Nature of Case: Breach of contract
Electronic Data Involved: Electronic documents generally
Keywords: “I know you are, but what am I?” , playground tantrum, unclean hands
Key Insight: Defendant’s motion (granted) to compel discovery from various plaintiff sources of ESI, including social media accounts.
Nature of Case: slip and fall injuries
Electronic Data Involved: emails, text messages, FitBit, social media
Keywords: slip and fall, social media, reflective of an individual’s contemporaneous emotions and mental state.
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