Key Insight: Forensic examination must be proportional to the information it can exclusively gain, including privacy concerns
Nature of Case: Telephone Consumer Protection Act (Class Action)
Electronic Data Involved: Text messages
Keywords: Text messages, imaging, forensic, proportionality
Key Insight: Requested ESI must be proportional to damages
Nature of Case: TCPA do-not-call
Electronic Data Involved: Email
Keywords: Class action, proportional, TCPA
Key Insight: Discovery costs must be proportional to the amount in controversy ($20 million in dispute allows for at least $13,000 in discovery costs)
Nature of Case: Contract breach
Electronic Data Involved: Electronic documents/communications
Keywords: Backup tapes, proportionality, catastrophic failure
Key Insight: Broad requests by Plaintiff were narrowed by conference and court decision to time period during and after Defendant’s employment
Nature of Case: Misappropriation of Trade Secrets and Confidential Information
Electronic Data Involved: E-mails and Documents
Keywords: proportionality, relevancy, time-limited
Key Insight: whether non-movant acted in bad faith or with the intent to deprive
Nature of Case: personal injury
Electronic Data Involved: surveillance video
Keywords: Eleventh Circuit, crucial, bad faith, usual course of business, broad and far-reaching request
Key Insight: Intentional spoliation/persistent discovery misconduct can lead to sanctions well above the amount in dispute
Nature of Case: Intellectual Property (trademark infringement/counterfeit)
Electronic Data Involved: Electronic data
Keywords: Sanctions, proportionality, willfully, adverse inference
Key Insight: relevance and proportionality
Nature of Case: false advertising
Electronic Data Involved: documents, communications
Keywords: relevant, proportional, reconsideration, additional discovery, custodial files, protective order, third party discovery
Key Insight: Mass email to all employees of a company asking for information is not proportional, especially when custodians and search terms have already been established
Nature of Case: Securities (retirement fund investment loss)
Electronic Data Involved: Electronic documents, emails
Keywords: discovery, mass email, proportional, retirement,
Key Insight: Courts should be less involved in discovery dispute regarding ESI despite recent FRCP amendments
Nature of Case: Labor Standards Class Action
Electronic Data Involved: third party electronic payroll data
Keywords: FRCP 2015 amendments, electronically readable fomat
Key Insight: No produced emails were from the Mayor. Mayor’s deposition not necessary or proportional to needs of the case.
Nature of Case: employment discrimination and retaliation
Electronic Data Involved: Over 6,500 emails and attachments produced by defendant.
Keywords: Relevant and proportional, proportionality, mere conjecture and conclusory statements.
Copyright © 2022, K&L Gates LLP. All Rights Reserved.