Key Insight: spoliation sanctions
Nature of Case: bankruptcy proceeding
Electronic Data Involved: deleted electronic records
Keywords: spoliation, bad faith, inherent power to sanction, legal fees, intent to deprive
Key Insight: Sanctions were appropriate for a fraudulently edited email entered into evidence
Nature of Case: Judge removal
Electronic Data Involved: E-mails
Keywords: judges, superimposed, fraudulent
Key Insight: Privilege Waiver if:unintentional, same subject matter and in fairness considered together
Nature of Case: Negligence
Electronic Data Involved: Videos
Keywords: Privilege, Waiver
Key Insight: Defendant’s failure to preserve and produce ESI responsive to plantiffs’ discovery requests.
Nature of Case: unpaid wages and overtime claims collective action
Electronic Data Involved: deleted electronic records, undecipherable codes, mobile device data, text messages
Keywords: adverse inference instruction, unintelligible, mockery of the orderly administration of justice
Key Insight: A 16 minute speculative phone call to an attorney is not enough to create a duty to preserve, direct evidence of bad faith is also necessary
Nature of Case: Employee overtime wages
Electronic Data Involved: Deleted e-mails
Keywords: Spoliation, FLSA, overtime
Key Insight: Sampling the null set is appropriate and proportional
Nature of Case: Antitrust
Electronic Data Involved: Electronically stored documents generally
Keywords: prescription medication, Acthar, clowns, TAR,
Key Insight: Discoverability of the identity and communications of users of anonymous messaging services.
Nature of Case: Suit against supporters of “Unite the Right” rally
Electronic Data Involved: anonymous communications, anonymous user account info, Discord records
Keywords: anonymous communications, stored communications act, first amendment rights, Discord, third party subpoenas
Key Insight: temporal limitations on document discovery
Nature of Case: abatement and remediation of pollution
Electronic Data Involved: electronic records
Keywords: temporal scope, temporal limitations, relevant time period, work-product protection, 30(b)(6) notices
Key Insight: Defendant misrepresentations to the Court about its flawed discovery process.
Nature of Case: alleged illegal detainment class action
Electronic Data Involved: missing metadata, deleted electronic records
Keywords: adverse inference finding, hard drives, warrantless arrestees, unconstitutional policy, deliberate indifference.
Key Insight: plaintiff has failed to provide any of the documents or e-mails that purportedly supports his claims and has made boilerplate objections with no further explanations
Nature of Case: Driver’s Privacy Protection Act violation
Electronic Data Involved: e-mails
Keywords: “Lopez only points to what he believes to be his conclusive victory on the ‘knowingly’ requirement”, “Lopez?s boilerplate objections to this interrogatory are overruled”, “Lopez responds that his counsel has already provided Herring with the requested documents described in his initial disclosures”
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