Key Insight: scope of search term requests
Nature of Case: patent infringement
Electronic Data Involved: email, search terms
Keywords: overbreadth objection, four requests
Key Insight: sanctions for fabrication of documents
Nature of Case: breach of contract
Electronic Data Involved: e-mails
Keywords: spoliation, fabrication, native version, native file, terminating sanctions, litigation hold
Key Insight: Plaintiff was sanctioned for re-litigating issues, ignoring court orders and insisting on overbroad scope of discovery
Nature of Case: products liability
Electronic Data Involved: Documents generally
Keywords: sanctions, scope of discovery, disregarding court orders
Key Insight: forensic examination should be ?the exception, not the rule.?
Nature of Case: employment, FMLA
Electronic Data Involved: text messages, deleted messages, lost devices, forensic examination
Keywords: social media, text messages, forensic examination, FMLA
Key Insight: Phone Call was deleted by negligence. Court allowed short statement regarding spoliation to jury, but did not order an adverse inference instruction.
Nature of Case: Civil Rights; Wrongful Death
Electronic Data Involved: Recording of Phone Call
Keywords: Spoilation; Sanctions
Copyright © 2022, K&L Gates LLP. All Rights Reserved.