Archive: February 2019

1
Katz et al. v. Liberty Power Corp., LLC et al. – 18-cv-10506-ADB (District of Mass. , 2019)
2
Arconic Inc. v. Novelis Inc. (Western District of PA , 2019)
3
Bombardier Inc. v. Mitsubishi Aircraft Corp. (Western District of Washington, 2019)
4
Wentz v. Project Veritas et al (M.D. Fla., 2019)
5
In Re the Paternity of B.J.M., Appeal No. 2017AP2132 (Wis. App. Feb. 20, 2019)
6
Finjan, Inc. v. Zscaler, Inc. (N.D. California, 2019)
7
Barker v. Insight Glob., LLC, No. 16-cv-07186-BLF (VKD) (N.D. Cal. Feb. 13, 2019).
8
DR Distrib., LLC v. 21 Century Smoking, Inc. (N.D. Ill., 2019)
9
Stovall v. Brykan Legends, LLC (D. KS, 2019)
10
Hunters Run Gun Club v. Baker, No. 3:17-cv-00176 (M.D. La, 2019)

Katz et al. v. Liberty Power Corp., LLC et al. – 18-cv-10506-ADB (District of Mass. , 2019)

Key Insight: whether discovery can be bifurcated for the purpose of a dispositive motion and third party discovery

Nature of Case: Violation of the Telephone Consumer protection Act of 1991.

Electronic Data Involved: bifurcated discovery, emails, third party telephone records

Keywords: bifurcated discovery, class discovery, stayed discovery,

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Arconic Inc. v. Novelis Inc. (Western District of PA , 2019)

Key Insight: whether documents lose their privilege when there was limited effort to prevent their disclosure

Nature of Case: patent infridgement and violation of trade secrets

Electronic Data Involved: privileged documents requested back via a clawback agreement

Keywords: clawback, privilege, privilege review, search terms

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Bombardier Inc. v. Mitsubishi Aircraft Corp. (Western District of Washington, 2019)

Key Insight: Documents can be sealed if they are contain trade secrets and the unsealed exhibits attached to the sealed exhibits could reveal them.

Nature of Case: trade secret misappropriation

Electronic Data Involved: documents

Keywords: motion to seal, trade secrets

Identified Local Court Rule(s): 5(g)(3)(A) Motion to Seal, 5(g)(3)(B)

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Wentz v. Project Veritas et al (M.D. Fla., 2019)

Key Insight: objection that requests are not relevant because requesting party’s defense is meritless is sanctionable

Nature of Case: interception of communication, defamation

Electronic Data Involved: email, text messages, calendars

Keywords: improper objection sanctioned

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In Re the Paternity of B.J.M., Appeal No. 2017AP2132 (Wis. App. Feb. 20, 2019)

Key Insight: Judge accepted party’s friend request on Facebook, after the custody hearing and before decision.

Nature of Case: Motion to modify minor child custody order due to domestic abuse

Electronic Data Involved: Facebook posts. Electronic social media (ESM).

Keywords: Facebook, objective bias, judicial bias

Identified State Rule(s): Appeal: reversal and remand for further proceedings before a different judge

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Finjan, Inc. v. Zscaler, Inc. (N.D. California, 2019)

Key Insight: European privacy requirements preclude the production of personal data but a foreign country’s statute does nto deprive an American court the power to order production .

Nature of Case: Patent Infringement

Electronic Data Involved: Emails from a single individual

Keywords: international privacy statute, personal data,

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Barker v. Insight Glob., LLC, No. 16-cv-07186-BLF (VKD) (N.D. Cal. Feb. 13, 2019).

Key Insight: Parties did not explicitly discuss format of production. Court directed parties to meet and confer.

Nature of Case: Compensation and non-solicitation pacts

Electronic Data Involved: Production Format

Keywords: Format of production, native files

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DR Distrib., LLC v. 21 Century Smoking, Inc. (N.D. Ill., 2019)

Key Insight: Plaintiffs object to dismissal of a counterclaim against them because Defendant’s desire to dismiss the claim is related to loss of relevant ESI

Nature of Case: defamation, trademark infringement

Electronic Data Involved: E-mail, instant messages

Keywords: counterclaim, motion to amend, diligent, dismissal

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Stovall v. Brykan Legends, LLC (D. KS, 2019)

Key Insight: video surveillance showing incident on which part of complaint is based could not be found by D, P motions for sanction for spoliation of evidence.

Nature of Case: employment discrimination, sexual harassment, workers compensation

Electronic Data Involved: Video surveillance

Keywords: spoliation, sanctions, preservation, surveillance, harassment, employment discrimination, bad faith

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Hunters Run Gun Club v. Baker, No. 3:17-cv-00176 (M.D. La, 2019)

Key Insight: The refusal to provide written authorization allowing a service provider to release text message records constitutes “possession, custody, or control” of those text messages.

Nature of Case: lease termination by law enforcement

Electronic Data Involved: text messages

Keywords: release of records, written authorization

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