Key Insight: failure to have a third party preserve relevant data
Nature of Case: request for a permanent injunction to block film distribution
Electronic Data Involved: text messages
Keywords: third party, spoliation, control, adverse inference, sanctions, practical ability, intent to deprive, subpoena
Key Insight: violation of repeated discovery orders warrants the substantial sanction of dismissing the counts.
Nature of Case: Massive debt-collection scheme
Keywords: payment processor, debt collector, collector, robo-call.
Key Insight: work product protection does not apply to investigation or handling of underlying claim in a bad faith case.
Nature of Case: bad faith insurance claim
Electronic Data Involved: Insurance claim file including work product and possibly privileged documents
Keywords: work product, underlying claim, investigation, bad faith, privilege log
Key Insight: Whether FRE 502 applies, whether production was inadvertent, interplay between FRE 502 and clawback agreement, whether production was completely reckless, specificity requirements of clawback agreement
Nature of Case: breach of contract
Electronic Data Involved: e-mail
Keywords: reckless, clawback agreement, waiver, privilege, inadvertent production, court order, log
Key Insight: Attorney client privilege and work product protections for communications from company devices
Nature of Case: employment discrimination
Electronic Data Involved: Company laptop data
Keywords: attorney client privilege, computer forensics, privacy policy, work product
Identified State Rule(s): CPLR 3103
Key Insight: Defendant hacking of Plaintiff business email account, including confidential attorney-client communications.
Nature of Case: Trade secrets violation
Electronic Data Involved: business email account
Keywords: Email theft, hacking, sanctions.
Key Insight: Disclosing legal advice to third parties that need to know via email maintains attorney client privilege
Nature of Case: class action
Electronic Data Involved: archived email
Keywords: timeliness, third parties need to know, attorney client privilege
Identified State Rule(s): Ca. Evidence Code 952
Key Insight: plaintiff is seeking notices of litigation sent to co-insurers by defendant and defendant claims work product and privilege.
Nature of Case: MDL against drug companies for damages for allegedly contaminated blood products.
Electronic Data Involved: post-litigation communications with co-insurers and re-insurers.
Keywords: work product, privilege, notice to insurers, scope of coverage
Key Insight: Whether a determination of an inadvertent production of documents was erroneous or that the attorney didn’t follow reasonable steps to prevent disclosure.
Nature of Case: Personal Injury, insurance bad faith
Electronic Data Involved: Inadvertently produced documents, produced work product/ACP
Keywords: work product, inadvertent disclosure, claw back, reasonable steps to avoid disclosure
Key Insight: personnel file related to settlement and claims handling was ordered to be produced with some confidentiality and redactions to protect personal information of adjuster.
Nature of Case: bad faith
Electronic Data Involved: adjusters personnel file
Keywords: personnel file
Copyright © 2022, K&L Gates LLP. All Rights Reserved.