Key Insight: Sanctions, Efforts to Thwart discovery, Fraudulent Concealment
Nature of Case: Estates and Trusts
Electronic Data Involved: Hard copy
Keywords: fraudulent concealment, Statute of Limitations, Sanctions, Violation of Court Orders, Failure to produce, Death Penalty sanction, Obstruction, Temporary injunction, Deception of the Court
Identified State Rule(s): Tex. R. Civ. P. 199.3; Tex.R. Civ. P. 176 .8 (a)
Key Insight: bad faith
Nature of Case: Breach of Contract, Trade Secrets
Electronic Data Involved: Spoliation
Keywords: RegDelNull, Eraser, CCleaner, bad faith, breach
Key Insight: consent order provisions are inconsistent to support an injunction
Nature of Case: violation of a consent order from a settlement.
Electronic Data Involved: consent order from 1988 and script of the movie under injunction
Keywords: consent order, inconsistent, insufficiently precise
Key Insight: Clounsel disqualification for misuse of documents reversed because cloud hosted repository sufficiently destroyed documents
Nature of Case: Breach of contract
Electronic Data Involved: cloud hosted repository
Keywords: disentitlement doctrine, inadvertent disclosure, hosted repository, cloud, counsel disqualification
Key Insight: Preservation
Nature of Case: Civil rights /Sec. 1983
Electronic Data Involved: ESI; Video
Keywords: Inmate; Excessive force; Preservation;
Key Insight: Spoliation. Court ordered discovery to determine if failure to preserve relevant evidence, and if so, whether 37(e) sanctions are warranted.
Nature of Case: civil action under 42 U.S.C. s. 1983
Electronic Data Involved: prisoner surveillance video
Keywords: Spoliation, failure to preserve relevant evidence.
Key Insight: if use of publicly available information provided by a source for profit can be restricted by the source of the information
Nature of Case: violation of computer fraud and abuse act.
Electronic Data Involved: publicly available information available on websites like linkedin
Keywords: public interest, publicly available data, preliminary injunction
Key Insight: Deletion of files, destruction of evidence.
Nature of Case: Alleged defendant use of plaintiff’s trade-secret information
Electronic Data Involved: computer images
Keywords: destruction of evidence, forensic examination
Key Insight: No spoliation when party removed URL link to software download because there was no bad faith and opponent already had software
Nature of Case: breach of contract, misappropriation of trade secrets
Electronic Data Involved: URL, software
Keywords: URL removal, software download, bad faith spoliation
Key Insight: necessity of preservation order
Nature of Case: misappropriation of trade secrets
Electronic Data Involved: laptop, mobile phone, email
Keywords: email providers, deleted emails, significant concerns, threats to preservation, capability to preserve, irreparable harm, ex parte, seizure order, expedited discovery
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