Key Insight: demand for irrelevant and disproportionate evidence
Nature of Case: breach of patent agreement
Electronic Data Involved: 300 GB emails
Keywords: irrelevant, patent infringement, reasonable limits on discovery
Key Insight: Should deficient search terms be supplemented using court appointed terms? And how closely should counsel work together on electronic searches?
Nature of Case: Workplace discrimination
Electronic Data Involved: e-mails, documents of complaints and communication about complaints
Keywords: Keywords, Cooperation,
Key Insight: ability to afford production, parties access to the relevant documents, impact on third parties
Nature of Case: Antitrust
Electronic Data Involved: 467,614 documents from electronic and physical files, 130 GB additional documents
Keywords: scope of discovery, antitrust, Sherman, cost/benefit
Key Insight: Failing to prove even an estimate of the burden costs of discovery will not protect against discovery
Nature of Case: Civil rights (police misconduct)
Electronic Data Involved: Emails
Keywords: Homan square, Chicago Police Department, off the grid,
Key Insight: Whether sanctions appropriate following defendants’ destruction of recordings, litigation hold
Nature of Case: personal injury
Electronic Data Involved: Video recordings
Keywords: spoliation, intent to deprive, adverse inference, prejudice
Key Insight: When ESI is relevant, they must be provided in a format that is readable by opposing counsel
Nature of Case: Personal injury (product liability, car accident)
Electronic Data Involved: Computer modeling files
Keywords: GM, Chevrolet Silverado, rollover,
Key Insight: Court refused to grant relief under 37(e) because moving party failed to show that ESI was lost because of a failure to take reasonable steps/
Nature of Case: wrongful death, unlawful arrest
Electronic Data Involved: email, telephone recordings
Keywords: Reasonable steps, sanctions, deleted ESI
Key Insight: Reimbursement of eDiscovery costs
Nature of Case: trademark infringement, unfair competition, cybersquatting
Electronic Data Involved: documents copied and coverted into a readable format
Keywords: Reimbursement, making copies, converted, copied, native, proportionality, taxable
Key Insight: Keyword searching alone may not be sufficient and can be aided by strategies like predictive coding
Nature of Case: civil rights, fourth amendment
Electronic Data Involved: text messages, social media posts
Keywords: keyword searching, predictive coding
Key Insight: mere statement that disclosure would provide competitors with advantage doesn’t satisfy elements of trade secret.
Nature of Case: medical negligence
Electronic Data Involved: electronic health record (EHR) system
Keywords: confidential and proprietary trade secrets, protective order
Copyright © 2022, K&L Gates LLP. All Rights Reserved.