Key Insight: whether failure to provide text messages talked was spoliation of evidence
Nature of Case: employment discrimination
Electronic Data Involved: forensic imaging of plaintiff’s cell phone, relevant text messages
Keywords: text messages, forensic imaging of cell phone, spoliation
Key Insight: Responsive communications were intentionally withheld and destroyed when the plaintiffs switched to an encrypted communication app
Nature of Case: wrongful termination and age discrimination
Electronic Data Involved: emails, text messages.
Keywords: Intentional spoliation, bad faith, encrypted communication application
Key Insight: whether the burden or expense of the proposed discovery outweighs its likely benefit
Nature of Case: trademark infringement
Electronic Data Involved: emails
Keywords: cheapo, cheapoair
Key Insight: whether plaintiff was required to turn over subpoenaed phone records (without content)
Nature of Case: Federal Employers Liability Act (FELA)
Electronic Data Involved: telephone records
Keywords: subpoena, privacy, phone records, overbroad
Key Insight: Lack of action taken is not a reasonable step to maintain evidence and can lead to spoliation sanctions
Nature of Case: Employment/breach of contract
Electronic Data Involved: Email, text messages
Keywords: 30 day deletion, InoSpine
Key Insight: European privacy requirements preclude the production of personal data but a foreign country’s statute does nto deprive an American court the power to order production .
Nature of Case: Patent Infringement
Electronic Data Involved: Emails from a single individual
Keywords: international privacy statute, personal data,
Key Insight: Plaintiffs object to dismissal of a counterclaim against them because Defendant’s desire to dismiss the claim is related to loss of relevant ESI
Nature of Case: defamation, trademark infringement
Electronic Data Involved: E-mail, instant messages
Keywords: counterclaim, motion to amend, diligent, dismissal
Key Insight: The refusal to provide written authorization allowing a service provider to release text message records constitutes “possession, custody, or control” of those text messages.
Nature of Case: lease termination by law enforcement
Electronic Data Involved: text messages
Keywords: release of records, written authorization
Key Insight: Recorded phone call between party and copyright agent regarding image timing confidential at prelitigation phase
Nature of Case: copyright dispute
Electronic Data Involved: phone call recording
Keywords: protective order, confidential phone call, work-product
Identified State Rule(s): FRBC Rule 4-4.1, 4-1.2
Identified Federal Rule(s): 26(b)(3), 37(a)(5)
Key Insight: Scope of work-product doctrine
Nature of Case: Wrongful death
Electronic Data Involved: cellphone information and data
Keywords: tug
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