Key Insight: Failure to promptly disclose false evidence
Nature of Case: misappropriation of trade secrets
Electronic Data Involved: email
Keywords: sanctions, affidavit, post-complaint deletion, restoration
Identified State Rule(s): Colorado Rule of Professional Conduct 3.3(a)(3)
Key Insight: Texas Supreme Court 7 part test for proportionality- benefit, case needs, amount in controversy, parties’ resources, issues at stake, importance of proposed discovery and other articulable factors. Brought Texas in line with FRCP.
Nature of Case: Homeowner Insurance Claim Litigation
Electronic Data Involved: Insurer Records
Keywords: Format of Production; Proportionality Factors
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: Whether pre-complaint discovery applies to document productions
Nature of Case: Non compete
Electronic Data Involved: pre-complaint discovery
Keywords: pre-complaint discovery
Key Insight: Even if documents are recovered from deletion, sanctions may still be proper, sanctions are proper when failing to adhere to litigation holds, sanctions based on perjury are not criminal charges of perjury, extreme bad-faith litigation allows for cost shifting of attorney’s fees
Nature of Case: Litigation misconduct
Electronic Data Involved: Electronic files
Keywords: 7 million, sanctions, unusually deplorable, perjury, bizarre, rat droppings
Identified State Rule(s): “American Rule”
Key Insight: Waiver of privilege for documents inadvertently posted to publicly accessible Box.com location
Nature of Case: insurance coverage litigation
Electronic Data Involved: Box.com uploads
Keywords: Box.com, privilege waiver, publicly accessible, account permissions, file sharing
Identified State Rule(s): Va. Sup. Ct. R. 4.1(b)(6)(ii)
Identified Federal Rule(s): FRE 502(b)
Key Insight: sanctions affirmed for discovery violations including using data wiping software to delete files
Nature of Case: repossession
Electronic Data Involved: deleted electronic records
Keywords: earth moving equipment repossession, deleted computer files, data wiping
Identified State Rule(s): Minnesota Rule of Civil Procedure 60.02
Key Insight: Concealment and use of electronic evidence improperly obtained by a client.
Nature of Case: Divorce.
Electronic Data Involved: Email, hacked and stolen from the wife’s private email account.
Keywords: Unwarranted intrusions into privileged relationships. Stolen evidence.
Identified State Rule(s): 4-4.4(a); 4-8.4(c); 4-3.4(a)
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