Key Insight: Sanctions because party violated court order to produce expert witness for deposition and didn’t notice until afterwards
Nature of Case: employee class action
Electronic Data Involved: expert witness deposition
Keywords: expert deposition, timing, subpoena , sanctions, expert witness, expert fees, court order violation
Key Insight: Forensic examination must be proportional to the information it can exclusively gain, including privacy concerns
Nature of Case: Telephone Consumer Protection Act (Class Action)
Electronic Data Involved: Text messages
Keywords: Text messages, imaging, forensic, proportionality
Key Insight: “Tweets” and Presidential Memo indicate there are individuals with discoverable information
Nature of Case: Injunctive Relief
Electronic Data Involved: Twitter “Tweets”
Keywords: Twitter, discoverable information, disclosure
Key Insight: clawback, claw back, waiver, inadvertent disclosure
Nature of Case: RICO, Personal Injury, Product Liability
Keywords: clawback, claw back, waiver, waived, inadvertent disclosure, inadvertence, attorney-client privilege
Key Insight: reproduction of files in TIFF format, review production for responsiveness
Nature of Case: False Claims Act
Electronic Data Involved: emails, electronically stored documents, transaction data
Keywords: TIFF, native format, overly burdensome, technology assisted review, TAR, Image Files, Bates number
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
Keywords: Horse, soring, cost-sharing
Key Insight: Third party provided date limited information to Plaintiff, Defendant sought entire image; Date Limited information provided to Plaintiff was all Plaintiff was required to produce.
Nature of Case: Trade Secrets, Bankruptcy, Civil Consipiracy
Electronic Data Involved: Forensic Image of Laptop
Keywords: forensic image; date-limited, third party
Key Insight: Requested ESI must be proportional to damages
Nature of Case: TCPA do-not-call
Electronic Data Involved: Email
Keywords: Class action, proportional, TCPA
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
Keywords: Backup tapes, proportionality, catastrophic failure
Key Insight: Privacy settings do not govern scope of disclosure of social media materials
Nature of Case: Personal injury
Electronic Data Involved: Facebook posts
Keywords: Facebook, privacy setting, horse, social media
Identified State Rule(s): CPLR 3101, CPLR 3103
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