Key Insight: objection that requests are not relevant because requesting party’s defense is meritless is sanctionable
Nature of Case: interception of communication, defamation
Electronic Data Involved: email, text messages, calendars
Keywords: improper objection sanctioned
Key Insight: proportionality, undue burden, ESI protocol terms, privilege
Nature of Case: trademark infringement
Electronic Data Involved: electronic records
Keywords: random sample, random sampling, responsiveness, responsive documents
Key Insight: inadvertent disclosure, privilege, clawback
Nature of Case: products liability
Electronic Data Involved: internal email, internal powerpoint
Keywords: timeliness, clawback, “no harm, no foul”, delay, disclosure motion, protective order
Key Insight: compliance with Rule 45 subpoena
Nature of Case: consumer protection/unfair competition
Electronic Data Involved: electronic documents
Keywords: 45(d)(3), relevancy, unretained expert information, confidential research, commercial information, cost-shifting, third party
Key Insight: Attorney on cc: line is not prima facie evidence email is not privileged
Nature of Case: Trademark Infringement
Electronic Data Involved: E-mail
Keywords: Privilege
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: 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: 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”
Key Insight: Parties cannot use the parts of allegedly work product matter helpful to their case and withhold the rest
Nature of Case: Endangered species act enforcement
Electronic Data Involved: audio, video, photos
Keywords: attorney work product, fact work product,
Key Insight: Privilege waived after failure to provide sufficient descriptions on privilege log
Nature of Case: Securities Fraud
Electronic Data Involved: E-mails
Keywords: Privilege log, waiver
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