Key Insight: Car dealers had requested all records produced to government agencies. Court ruled that was too broad and should make more specific requests for production.
Nature of Case: Fraud
Electronic Data Involved: Documents produced to government agencies
Keywords: Reasonable particularity, subject-matter-specific-requests, scope
Key Insight: whether the US could discover communications and documents regarding a non-testifying expert’s valuation of IP in question
Nature of Case: intellectual property (IP)
Electronic Data Involved: e-mail, documents
Keywords: non-testifying expert
Identified Local Court Rule(s): RCFC 26(c); RCFC 45(d)(3)
Key Insight: Attorney client privilege is not waived as an “at-issue” matter simply by filing a counterclaim
Nature of Case: Worker’s Compensation
Electronic Data Involved: All communications with monitoring counsel
Keywords: Privilege, at-issue waiver
Key Insight: relevance of search terms, proportionality
Nature of Case: breach of contract, trade secrets
Keywords: sanctions, motion to compel, search terms, third-party subpoenas, personal capacity, proportionality, attorney’s fees, current version, pending motion for protective order
Key Insight: Documents produced on eve of deposition allowed for second deposition; text messages of employees not unduly burdensome; Financials in PDF form were OK assuming they were native format
Nature of Case: Fraudulent Inducement
Electronic Data Involved: Excel Spreadsheets/PDF; Text Messages
Keywords: incomplete production; native production; Proportionality
Key Insight: proportionality, privacy
Nature of Case: labor dispute, class action
Electronic Data Involved: payroll records, electronic documents
Keywords: class action certification, relevance, overbroad
Key Insight: Plaintiffs said no responsive documents existed; deposition; Court awarded $25,000 of $45,000 in attorneys fees due to billing problems by defendant
Nature of Case: Statutory and Common Law Publicity Rights
Electronic Data Involved: E-Mail
Keywords: Sanctions; Timely Response; Privilege Log
Key Insight: motion to compel supplemental discovery responses
Nature of Case: copyright infringement suit
Electronic Data Involved: “documents” “financial documents” “going back 30 years”
Keywords: waived privilege, clearly erroneous, motion to compel
Key Insight: requiring creation of new documents, proportionality
Nature of Case: breach of contract
Electronic Data Involved: electronic records
Keywords: timeliness, relevance, raw data, create, creation of documents, cost-shifting, preclusion order
Identified Local Court Rule(s): Loc. Civ. R. 37.1
Key Insight: Inconvenient is not unreasonable or burdensome wrt e-discovery
Nature of Case: Employment discrimination
Electronic Data Involved: Emails
Keywords: smoking gun,
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