Key Insight: scope of discovery of magistrate’s motion to compel
Nature of Case: Title VII gender discrimination, class action
Electronic Data Involved: electronic documents
Keywords: class action, relevance, gender discrimination, advisory committee notes
Key Insight: self-incrimination through possession of documents
Nature of Case: Telephone Consumer Protection Act (TCPA)
Electronic Data Involved: text messages, call logs
Keywords: Telephone Consumer Protection Act (TCPA), non-party agents, Fifth Amendment Rights, self-incrimination, 47 U.S.C. 227
Key Insight: compliance with Rule 45 subpoena
Nature of Case: consumer protection/unfair competition
Electronic Data Involved: electronic documents
Keywords: 45(d)(3), relevancy, unretained expert information, confidential research, commercial information, cost-shifting, third party
Key Insight: Plaintiff’s failure to respond to discovery requests justified dismissal with prejudice and denial of motions for reconsideration.
Nature of Case: personal injury
Keywords: flagrant disregard, dismissal, compel discovery
Key Insight: spoliation sanctions
Nature of Case: bankruptcy proceeding
Electronic Data Involved: deleted electronic records
Keywords: spoliation, bad faith, inherent power to sanction, legal fees, intent to deprive
Key Insight: Sanctions were appropriate for a fraudulently edited email entered into evidence
Nature of Case: Judge removal
Electronic Data Involved: E-mails
Keywords: judges, superimposed, fraudulent
Key Insight: Party could obtain discovery of websites archived by American company for use in a foreign tribunal
Nature of Case: trademark enforcement
Electronic Data Involved: archived websites
Keywords: foreign discovery, archived websites, Section 1782 application, international trademark enforcement
Key Insight: Discovery gamesmanship. The Court expects full and open discovery.
Nature of Case: trade secrets dispute
Electronic Data Involved: discovery in general
Keywords: Kumbaya, acerbic shrillness, truth is like the sun, Rambo tactics
Key Insight: Attorney on cc: line is not prima facie evidence email is not privileged
Nature of Case: Trademark Infringement
Electronic Data Involved: E-mail
Keywords: Privilege
Key Insight: Privilege Waiver if:unintentional, same subject matter and in fairness considered together
Nature of Case: Negligence
Electronic Data Involved: Videos
Keywords: Privilege, Waiver
Copyright © 2022, K&L Gates LLP. All Rights Reserved.