Archive: November 30, 2017

1
Knight Capital Partners Corp. v. Henkel AG & Company, KGaA, No. 16-12022 (E.D. Mich. Nov. 30, 2017).
2
Holick v. Burkhart ( No. 16-1188-JTM (D. Kan. Nov. 30, 2017), 2017)
3
Coward v. Forestar Realty, Inc., 4:15-cv-0245-HLM (N.D. Georgia, Rome Division, 2017)

Knight Capital Partners Corp. v. Henkel AG & Company, KGaA, No. 16-12022 (E.D. Mich. Nov. 30, 2017).

Key Insight: German defendant objected to discovery on basis of German Data Protection Laws. Court ruled that legal claim outweighed data protection.

Nature of Case: Tortious interference with business, breach of non-disclosure

Electronic Data Involved: German Business Records

Keywords: foreign company, data protection

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Holick v. Burkhart ( No. 16-1188-JTM (D. Kan. Nov. 30, 2017), 2017)

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”

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Coward v. Forestar Realty, Inc., 4:15-cv-0245-HLM (N.D. Georgia, Rome Division, 2017)

Key Insight: Plaintiffs unable to access password protected video camera offered hard drive to Defendants; Court held inaccessible videos were spoliated.

Nature of Case: property damage claim

Electronic Data Involved: videos

Keywords: spoliation, prejudice, sanctions, adverse inference, attorney’s fees

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