Key Insight: Discoverability of the identity and communications of users of anonymous messaging services.
Nature of Case: Suit against supporters of “Unite the Right” rally
Electronic Data Involved: anonymous communications, anonymous user account info, Discord records
Keywords: anonymous communications, stored communications act, first amendment rights, Discord, third party subpoenas
Key Insight: Production of nearly 170 thousand documents containing almost 2.6 million pages (app. 72% of total production) weeks before depositions to start was not sanctionable as Plaintiff had fought to keep broad discovery requests.
Nature of Case: Inadequate and Substandard Care in State Facilities
Electronic Data Involved: Email and Documents
Keywords: Proportionality; Document “Dump”
Key Insight: Trial Court had denied request for documents. Third Circuit remanded for further review based off four-factor discretionary test after finding that it met the basic statutory requirements to be considered.
Nature of Case: Trade Secret
Electronic Data Involved: Documents in US, desired for foreign matter
Keywords: foreign proceeding.
Key Insight: Compelling Defendant to produce ESI prior to parties reaching an impasse
Nature of Case: Fair Labor Standards Act (FLSA) collective action
Electronic Data Involved: all ESI germane to identified corporate custodians and 30(b)(6) corporate representatives, share drive content
Keywords: impasse, corporate custodian, 30(b)(6) witness, inability to cooperate, randomized, share drive
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