Key Insight: protective order without a sharing provision is unfair to future similarily situated plaintiffs.
Nature of Case: product liability
Electronic Data Involved: All relevant discovery
Keywords: protective order, sharing provision, class action, similarly situated plaintiff
Key Insight: emails included third parties and were not proven to be attorney client privilege and have been improperly withheld
Nature of Case: Breach of contract
Electronic Data Involved: emails improperly withheld as Attorney-client privilege.
Keywords: Attorney-client privilege, improperly withheld, emails copied to third parties.
Key Insight: whether discovery should be stayed until after dispositive motions
Nature of Case: violations of the Telephone Consumer Protection Act
Electronic Data Involved: stay of discovery
Keywords: “safe harbor” defense, stay of discovery, dispositive motions
Key Insight: whether original version of narrative detailing mistreatments sent to attorney was work product; whether work product privilege attached to subsequent revisions of the same
Nature of Case: Consumer Class Action
Electronic Data Involved: withheld original document
Keywords: work product, original, altered
Key Insight: Work product protections do not attach to data automatically generated by a vehicles electronic control module.
Nature of Case: vehicle collision personal injury
Electronic Data Involved: vehicle Electronic Control Module data
Keywords: Electronic Control Module
Key Insight: Excessive document production shortly before deposition didn’t justify additional attorney’s fees
Nature of Case: industrial pollution
Electronic Data Involved: documents
Keywords: attorney’s fees, deposition, document production, inadequate preparation
Key Insight: Third party assignee of rights does not automatically include rights to the fiduciary exception to attorney-client privilege.
Nature of Case: ERISA
Electronic Data Involved: Electronic documents generally (privileged)
Keywords: attorney-client privilege, fiduciary duty, ERISA
Key Insight: The attorney-client privilege for legal invoices is implicitly waived when those invoices are the primary form of direct evidence for the lawsuit.
Nature of Case: recovery of attorney costs incurred in prior suit
Electronic Data Involved: legal invoices
Keywords: legal invoices, implicit waiver
Key Insight: parties unable to identify search terms that satisfy court direction for “appropriate search terms.” Attorney is not required to offer opposing counsel his or her own ideas about how to narrow a particular search.
Nature of Case: wrongful termination
Electronic Data Involved: approximately 24,000 emails
Keywords: reasonable scope, search terms, format, sampling
Key Insight: The court reversed the suppression of emails due to Leon good faith exception
Nature of Case: Visa fraud, Trade secrets
Electronic Data Involved: e-mails
Keywords: Probable cause, Leon good faith exception
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