Key Insight: Defendant hacking of Plaintiff business email account, including confidential attorney-client communications.
Nature of Case: Trade secrets violation
Electronic Data Involved: business email account
Keywords: Email theft, hacking, sanctions.
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: Lack of cooperation and deception on production does not lead to terminating sanctions if evidence was not actually destroyed but does lead to adverse inferences and cost shifting
Nature of Case: Unfair Competition
Electronic Data Involved: Electronic records
Keywords: CrossFit, terminating sanctions, perjury
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