Key Insight: Whether a determination of an inadvertent production of documents was erroneous or that the attorney didn’t follow reasonable steps to prevent disclosure.
Nature of Case: Personal Injury, insurance bad faith
Electronic Data Involved: Inadvertently produced documents, produced work product/ACP
Keywords: work product, inadvertent disclosure, claw back, reasonable steps to avoid disclosure
Key Insight: Spoliation sanctions for missing insurance photos premature before clarifying deposition from party
Nature of Case: insurance coverage litigation
Electronic Data Involved: photos
Keywords: amended declaration inadequate, IT protocol
Key Insight: plaintiff is seeking notices of litigation sent to co-insurers by defendant and defendant claims work product and privilege.
Nature of Case: MDL against drug companies for damages for allegedly contaminated blood products.
Electronic Data Involved: post-litigation communications with co-insurers and re-insurers.
Keywords: work product, privilege, notice to insurers, scope of coverage
Key Insight: 37(e) takes precedence over inherent authority in cases where it can be applied. Spoliation took place before there was anticipation of a trial.
Nature of Case: Defamation, tortious interference with contracts
Electronic Data Involved: e-mails
Keywords: Spoliation, inherent authority, 37(e)
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