Key Insight: relevant to see if distracted driving but three days worth disproportionate
Nature of Case: personal injury
Electronic Data Involved: cell phone records
Keywords: truck driver’s cell phone activity to see if distracted
Key Insight: general objections overruled and defendant ordered to produce records relating to profits, but does not have to disclose all documents relating to “methods of calculating” profits beyond what is necessary to understand
Nature of Case: Misappropriation of trade secrets
Electronic Data Involved: business records re profits
Keywords: general objection,
Key Insight: Work product protections do not attach to data automatically generated by a vehicles electronic control module.
Nature of Case: vehicle collision personal injury
Electronic Data Involved: vehicle Electronic Control Module data
Keywords: Electronic Control Module
Key Insight: Student witness statements or employee records are not FERPA protected “educational records,” FERPA can also be overcome through proper redactions and a demonstrable need for the information, no personal stakes in the outcome in the suit discourages disclosure of third party employment records
Nature of Case: Sex-based discrimination
Electronic Data Involved: Various electronic records
Keywords: FERPA, Western Kentucky University, Title IX
Key Insight: Excessive document production shortly before deposition didn’t justify additional attorney’s fees
Nature of Case: industrial pollution
Electronic Data Involved: documents
Keywords: attorney’s fees, deposition, document production, inadequate preparation
Key Insight: Form of production inadequate but can be remedied by providing table of contents
Nature of Case: Breach of contract
Electronic Data Involved: emails and business records
Keywords: mode of production
Key Insight: parties unable to identify search terms that satisfy court direction for “appropriate search terms.” Attorney is not required to offer opposing counsel his or her own ideas about how to narrow a particular search.
Nature of Case: wrongful termination
Electronic Data Involved: approximately 24,000 emails
Keywords: reasonable scope, search terms, format, sampling
Key Insight: denied forensic imaging of ESI because too expensive and intrusive
Nature of Case: Trade Secret Misappropriation
Electronic Data Involved: Forensic imaging of ESI
Keywords: mentions Sedona principles
Key Insight: Denied discovery of cell phone location data because information available from less intrusive sources
Nature of Case: medical malpractice
Electronic Data Involved: location data
Keywords: cell phone location data
Key Insight: communication between agency and client relevant but too burdensome in relation to claims
Nature of Case: Fair Debt Collection Practices Act (FDCPA)
Electronic Data Involved: communication between collection agency and hospitals
Keywords: hospital collections
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