Key Insight: whether counsel assumed responsibility for ensuring a comprehensive search was conducted
Nature of Case: employment discrimination
Keywords: comprehensive search, litigation hold, guidance, reasonable inquiry
Key Insight: Keyword searching alone may not be sufficient and can be aided by strategies like predictive coding
Nature of Case: civil rights, fourth amendment
Electronic Data Involved: text messages, social media posts
Keywords: keyword searching, predictive coding
Key Insight: Production of non-responsive documents for re-review due to distrust may be cost shifted to opposing party
Nature of Case: Trade secret
Electronic Data Involved: Electronic documents
Keywords: fertilizer, trade secret, Nutra-Flo,
Key Insight: Discovery requests must be proportional; limited to scope/time frame
Nature of Case: Wrongful termination, defamation
Electronic Data Involved: E-mails, text messages
Keywords: Retaliation, discrimination, Louisiana Office of Alcohol and Tobacco Control
Key Insight: Jury Instruction due to failure to preserve electronically stored information.
Nature of Case: Defamation
Electronic Data Involved: Web browser history, Internet browser
Keywords: Web browser history, Spoliation
Key Insight: Search for ESI (specifically emails) using search terms.
Nature of Case: Trusts, Contractual and fiduciary obligations
Electronic Data Involved: Emails and attachments
Keywords: Trusts, Trust name or identifier, electronic search, search terms.
Key Insight: Specific objections are required for proportionality claims
Nature of Case: Breach of contract
Electronic Data Involved: Electronic data
Keywords: boilerplate, control, former owner and top officers
Key Insight: Discovery had been completed in September 2016. In February 2017, at deposition, additional on-going claims were presented. Court specified search terms to use against 3 custodians for the additional time frame.
Nature of Case: American with Disabilities; Employment Discrimination
Electronic Data Involved: E-mail
Keywords: Search Terms, Supplemental Production; Additional Discovery
Key Insight: Contract was not ambiguous so extrinsic evidence not admissable. Therefore discovery of file was not proportional or calculated to lead to admissable evidence.
Nature of Case: declaratory judgment and bad faith
Electronic Data Involved: underwriters claim file
Keywords: admissability; proportionality; extrinsic evidence
Key Insight: Defendant has inadequate production even when supplemented. Judge ordered meet-and-confer to work out some of the disagreements. Judge did not give either side sanctions.
Nature of Case: Breach of Contract; Consumer Fraud
Electronic Data Involved: E-mail; Electronic Database
Keywords: Meet-and-confer; Inadequate Production; Supplemental Production
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