Archive - February 13, 2018

1
Watkins v. New York Transit Authority, 2018 WL 895624, No. 1:2016cv04161 (S.D.N.Y. Feb. 13, 2018)
2
Performance Pulsation Control, Inc. v. Sigma Drilling Techs., LLC, et al., No. 4:17-CV-00450 (E.D. Tex. Feb. 13, 2018)
3
Kelly Forman v. Mark Henkin (New York Court of Appeals, 2018)
4
American Honda v. Thygesen (S.Ct. Okla., 2018)

Watkins v. New York Transit Authority, 2018 WL 895624, No. 1:2016cv04161 (S.D.N.Y. Feb. 13, 2018)

Key Insight: Plaintiff traded in her cell phone, Defendant requested an adverse inference for spoliation

Nature of Case: hostile work environment and retaliation

Electronic Data Involved: text messages

Keywords: spoliation, adverse inference, text messages

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Performance Pulsation Control, Inc. v. Sigma Drilling Techs., LLC, et al., No. 4:17-CV-00450 (E.D. Tex. Feb. 13, 2018)

Key Insight: Broad requests by Plaintiff were narrowed by conference and court decision to time period during and after Defendant’s employment

Nature of Case: Misappropriation of Trade Secrets and Confidential Information

Electronic Data Involved: E-mails and Documents

Keywords: proportionality, relevancy, time-limited

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Kelly Forman v. Mark Henkin (New York Court of Appeals, 2018)

Key Insight: Privacy settings do not govern scope of disclosure of social media materials

Nature of Case: Personal injury

Electronic Data Involved: Facebook posts

Keywords: Facebook, privacy setting, horse, social media

Identified State Rule(s): CPLR 3101, CPLR 3103

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American Honda v. Thygesen (S.Ct. Okla., 2018)

Key Insight: Safe harbor, since it was destroyed long before the suit was filed or foreseeable

Nature of Case: Products liability

Electronic Data Involved: ESI design information

Keywords: Spoliation sanctions

Identified State Rule(s): 12 O.S. 2011 ? 3237(G)

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