December 2018 – Electronic Discovery Law

OptoLum v. Cree, Inc., No, 1:17CV687 (M.D.N.C. Dec. 28, 2018)

Dec 28 2018

Key Insight: Defendant’s email archive system had had issues and was replaced before litigation filed, but servers were kept. Stubbed E-mail attachments were inaccessible. defendant showed attachments were potentially relevant and motion to compel was granted. Costs were to be split since it would be undue burden on plaintiff alone and they had not acted in bad faith.

Nature of Case: Patent Infringement

Electronic Data Involved: Stubbed E-mail Attachments

Keywords: Restoration, undue burden, bad faith, cost shifting

View Case Opinion

Echavarria v. Roach, No. 16-cv-11118-ADB (D. Mass. Dec. 26, 2018)

Dec 26 2018

Key Insight: Documents produced without metadata did not have natural organization that made finding documents reasonably possible. Burden of showing natural organization is proper rests on party producing documents.

Nature of Case: Civil Rights – Wrongful Conviction

Electronic Data Involved: Various ESI

Keywords: Organization; usual course of business; metadata or identifying information

View Case Opinion

Alarm Grid, Inc. v. AlarmClub.com, Inc. (Southern District of Florida, 2018)

Dec 17 2018

Key Insight: Recorded phone call between party and copyright agent regarding image timing confidential at prelitigation phase

Nature of Case: copyright dispute

Electronic Data Involved: phone call recording

Keywords: protective order, confidential phone call, work-product

Identified State Rule(s): FRBC Rule 4-4.1, 4-1.2

Identified Federal Rule(s): 26(b)(3), 37(a)(5)

View Case Opinion

Farmers New World Life Ins. Co. v. Atchison, No. CIV-17-1254-D (W.D. Okla. Dec. 17, 2018)

Dec 17 2018

Key Insight: law enforcement investigative privilege, law enforcement evidentiary privilege

Nature of Case: insurance coverage litigation

Electronic Data Involved: 911 recordings, video footage, photographs, witness statements, contact information, arrest and intake records

Keywords: in-camera inspection, law enforcement, investigative privilege, evidentiary privilege, particularity

View Case Opinion

Nuvasive, Inc. v. Alphatec Holdings, Inc. et al (S.D. Cal., 2018)

Dec 13 2018

Key Insight: Objection to RFP unreasonable on basis that opposing party failed to provide search terms since each party has independent obligation to produce relevant documents but noted failure to participate

Nature of Case: Patent infringement

Electronic Data Involved: emails and business records

Keywords: search terms

View Case Opinion

Hallmark Licensing LLC v. Dickens Inc. (E.D.N.Y., 2018)

Dec 13 2018

Key Insight: Plaintiff and Defendant’s motions to compel are both granted and denied in part

Nature of Case: Trademark rights, and when TM protection ends

Electronic Data Involved: e-mails, telephone call, business documents, the product in question, interrogatories

Keywords: Trademark, trade secrets, modification, proportional, executive

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Dufrene v. American Tugs Inc. (District Court of Eastern Louisiana, 2018)

Dec 10 2018

Key Insight: Scope of work-product doctrine

Nature of Case: Wrongful death

Electronic Data Involved: cellphone information and data

Keywords: tug

View Case Opinion

TrueNorth Cos., LC v. TruNorth Warranty Plans of N. Am. (Northern District of Iowa, 2018)

Dec 07 2018

Key Insight: Protective order barring opposing council from viewing confidential materials denied for being too far

Nature of Case: trademark infringement, unfair competition

Electronic Data Involved: expert information

Keywords: trademark, protective order

View Case Opinion

Miller v. Sauberman et al., 2018 NY Slip Op 33142(U) (N.Y. Sup. Ct. Dec. 4, 2018)

Dec 06 2018

Key Insight: When there are conflicting versions of a document, metadata to understand the modifications can be compelled to be produced, even with claimed significant costs

Nature of Case: Medical Malpractice

Electronic Data Involved: Metadata

Keywords: Surgery, colostomy, metadata, Fournier’s gangrene, Village Care

Identified State Rule(s): CPLR 3103

View Case Opinion

Jared M. Villery v. Jeffrey Beard, et al., 1:15-cv-00987-DAD-BAM (PC), (California, Eastern District, 2018)

Dec 03 2018

Key Insight: What amounts to good cause to seal relevant evidence from public view

Nature of Case: Civil Rights Action, violation of 8th amendment

Electronic Data Involved: confidential health information and confidential investigatory information obtained from witness interviews

Keywords: HIPPA, seal, confidential health information, good cause

View Case Opinion

Archive - December 2018