Key Insight: statute of limitations, proportionality
Nature of Case: copyright infringement
Electronic Data Involved: financial information
Keywords: meeting of the minds, statute of limitations, undue burden, amount in controversy
Key Insight: scope of discovery
Nature of Case: sexual harassment and retaliation under Title VII
Electronic Data Involved: authorization for medical records and access to social media accounts
Keywords: social media accounts, authorization for medical records, emotional distress
Key Insight: Methodologies behind TAR are privileged (especially the seed set), the court may also perform in camera review to determine the competency of TAR if necessary, poor TAR practices may allow opposing counsel to set parameters
Nature of Case: Fair Housing Act
Electronic Data Involved: Electronic documents
Keywords: TAR, FHA, discrimination, predictive coding, in camera review
Key Insight: relevancy
Nature of Case: breach of contract, trademark infringement, false advertisement, unfair and deceptive trade practices
Electronic Data Involved: electronic documents
Keywords: relevance, broadly construed, breach of warranty
Key Insight: conducting firm business on personal email accounts, employees’ personal email account will be subject to discovery if the employers allow them to mingle their work and personal email accounts.
Nature of Case: workplace discrimination, class action
Electronic Data Involved: personal email accounts, 115,000 documents, 2.5 terabytes of data of 25 custodians
Keywords: interspersing work and personal emails, overlap, spoliation, pay discrimination, wrongful termination
Key Insight: Refusal to produce documents. Clergy-penitent privilege
Nature of Case: Negligence and failure to warn (Sexual Abuse)
Electronic Data Involved: letter,email, fax,ESI
Keywords: Willful refusal to comply with discovery order; Monetary sanctions; Judicial estoppel
Key Insight: To what extent can redactions be applied to responsive documents outside of ACP and work-product?
Nature of Case: Copyright
Electronic Data Involved: Business documents
Keywords: Redactions, relevance
Key Insight: 1500 documents withheld as privileged under procedures in FRE 502 (d);
Nature of Case: Fifth Amendment, taking private property without just compensation
Electronic Data Involved: 1500 documents
Keywords: quick peek, privileged, taking, unjust compensation
Key Insight: Not organizing surveillance videos so that they could be promptly located was not found to be an “intent to deprive”
Nature of Case: Civil rights
Electronic Data Involved: Video
Keywords: video, intent, spoliation sanctions
Key Insight: Employer must produce company-wide documents without geographic limitations when all employees are subject to same leave of absence policies.
Nature of Case: workplace discrimination
Electronic Data Involved: General request for production and interrogatories
Keywords: employing unit, geographic scope, work unit, FMLA, scope of discovery, relevancy
Copyright © 2022, K&L Gates LLP. All Rights Reserved.