Key Insight: Documents produced on eve of deposition allowed for second deposition; text messages of employees not unduly burdensome; Financials in PDF form were OK assuming they were native format
Nature of Case: Fraudulent Inducement
Electronic Data Involved: Excel Spreadsheets/PDF; Text Messages
Keywords: incomplete production; native production; Proportionality
Key Insight: Spoliation of text messages, negligent spoliation, analysis under FRCP 37(e)
Nature of Case: Employment, wrongful termination, retaliation
Electronic Data Involved: Text messages
Keywords: Litigation hold, spoliation, text messages, 37(e), jury instruction,
Key Insight: Cell phone important to case was thrown against wall and destroyed after failed romantic encounter
Nature of Case: personal injury
Electronic Data Involved: cell phone activity data
Keywords: “he threw the cellular telephone against the wall after a failed romantic encounter”, “possibly using some other app”, “near-fatal tractor-trailer collision”
Key Insight: 4 deleted messages were lost, as they could not be recovered from other defendants
Nature of Case: right to surf free from harassment
Electronic Data Involved: text messages
Keywords: spoliation, duty to preserve
Key Insight: Private messages between individuals that are not defendants are protected from discovery through the Stored Communications Act even if the providing company itself is the named defendant
Nature of Case: Class action securities fraud
Electronic Data Involved: Electronic messages (twitter direct messages)
Keywords: Class action, direct message, twitter, stock
Key Insight: Plaintiff did not specify whether any documents were being withheld in the course of making objections to discovery motions
Nature of Case: libel, assault, slander
Electronic Data Involved: documents and communications posted or stored on social media, e-mails
Keywords: “facially overbroad”, “anti-abortion”, “nearly two-decade time frame”, “provide any responsive information for the past seven (7) years”
Key Insight: scope of discovery
Nature of Case: sexual harassment and retaliation under Title VII
Electronic Data Involved: authorization for medical records and access to social media accounts
Keywords: social media accounts, authorization for medical records, emotional distress
Key Insight: Fabricated evidence leads to terminating sanctions
Nature of Case: Employment discrimination, sexual harassment
Electronic Data Involved: Text messages
Keywords: dismissed with prejudice, fabrication, title VII, termination sanctions
Key Insight: Party cannot use screenshots not disclosed in discovery to in support of summary judgment motion alleging electronic signature
Nature of Case: insurance coverage litigation
Electronic Data Involved: archived screenshots
Keywords: electronic signature, affirmative signature, meaningful offer, prepopulated
Key Insight: Sanctions for willful destruction of cell phone after receiving demand to preserve
Nature of Case: workplace discrimination
Electronic Data Involved: text messages
Keywords: spoliation, preservation of evidence, text messages, iCloud
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