Key Insight: computer passwords/access, act of production
Nature of Case: Fifth Amendment violation (Criminal)
Electronic Data Involved: computer files
Keywords: “foregone conclusion” exception, password, search warrant, encryption, testimonial in nature, compulsion of mental processes
Identified State Rule(s): Pa.R.A.P. 313(b)
Key Insight: Requests for Production; marketing materials; Unreasonably cumulative or duplicative
Nature of Case: Trademark Infringement
Electronic Data Involved: Hard copy; Historical records; on-site inspection; Marketing materials (documents, recordings, video, displays, etc.)
Keywords: Discovery violations; adequacy of discovery responses; Vague/overbroad/burdensome/ not calculated to lead to discovery of documents relevant to claims or defenses; proportionality; access; costs/Attorney’s fees; resources; “Senior user”; Cherrypicking; Evidentiary preclusion; Court order; Representative samples
Key Insight: mere statement that disclosure would provide competitors with advantage doesn’t satisfy elements of trade secret.
Nature of Case: medical negligence
Electronic Data Involved: electronic health record (EHR) system
Keywords: confidential and proprietary trade secrets, protective order
Key Insight: imperfect and slow, gradual production not sanctioned
Nature of Case: disability discrimination, failure to accommodate, retaliation, ? 1983 violations, and wrongful termination in violation of public policy
Electronic Data Involved: emails
Keywords: flawed retention policies,
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