Key Insight: no adverse inference for inadvertent destruction of evidence
Nature of Case: Fair Debt Collection Practices Act (FDCPA)
Electronic Data Involved: ledgers
Keywords: condo association
Key Insight: If a party claims no responsive documents are found, they must provide a response that indicates the steps taken to determine that no responsive documents exist
Nature of Case: Prisoner self harm
Electronic Data Involved: E-mails
Keywords: Prisoner, self harm, pro se,
Key Insight: Two step process of TAR and manual review of privilege negated need for in camera review
Nature of Case: declaratory relief re environmental ordinance
Electronic Data Involved: emails
Keywords: in camera review
Key Insight: Responding party’s ability to choose search methods is not above rule of proportionality.
Nature of Case: Breach of Contract/Breach of Fiduciary Duty Action
Electronic Data Involved: Personal and business electronic devices
Keywords: “search criteria” “access[ability]” “uncovered evidence” “limit[ing] searches” “shielding” “Sedona”
Key Insight: allowing additional discover re topics discussed during deposition
Nature of Case: improper termination
Electronic Data Involved: documents and emails
Keywords:
Identified Local Court Rule(s): 37.1, 37.3
Key Insight: Discovery sanctions motion.
Nature of Case: Workplace discrimination.
Electronic Data Involved: Employment records including personnel files of supervisors and documents regarding performance of other employees.
Keywords: Failure to preserve, search terms, motion to compel.
Key Insight: Citation to Rule/caselaw that omits consideration of “proportionality” is reckless and sanctionable.
Nature of Case: Fair Debt Collection Practice Act (FDCPA) Action
Electronic Data Involved: Medical records
Keywords: “misstate[ment] [of] the law” “outdated caselaw” “recklessly misrepresented” “medical condition”
Key Insight: if images of hard drives is sufficient prodcution of the hard drives themselves
Nature of Case: Fraud, conversion of instruments, failure to exercise ordinary care
Electronic Data Involved: all computers midwest obtained and the information on those computers at the time they were obtained
Keywords: hard drives, forensic imaging
Key Insight: Predictive coding may be used to conserve time and expense where e-discovery expertise applied
Nature of Case: Embezzlement/Fraudulent Transfers Action
Electronic Data Involved: Backup storage tapes of exchange server containing tax-related information
Keywords: “computer-assisted review [tools]” “privileged or confidential information” “universe of documents”
Key Insight: Plaintiff requested discovery from defendants parent company through defendant. Ability to obtain and control tests failed and motion was denied.
Nature of Case: nuisance, negligence
Electronic Data Involved: Various Discovery
Keywords: ability-to-obtain, control
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