Archive: March 2019

1
Resnik et al v. Coulson (District Court of Eastern District of New York, 2019)
2
Wakefield v. Visalus, Inc. (District Court of Oregon, 2019)
3
PAR PHARMACEUTICAL, INC. et al v. QUVA PHARMA, INC. et al (D. N.J., 2019)
4
Lareau v. Nw. Med. Ctr., No. 2:17-cv-81 (D. Vt. Mar. 27, 2019)
5
Jenkins v. Sullivan, et al. (S.D. Ohio, 2019)
6
WILLIAMS v. UNITED STATES OF AMERICA et al (D. D.C., 2019)
7
Palomo v. DeMaio et al (District Court of Northern District of New York, 2019)
8
Klein v. Affiliated Group, Inc. (D. Minn., 2019)
9
Envy Hawaii, LLC v. Volvo Car USA LLC, No. 17-00040 HG-RT (D. Haw. Mar. 20, 2019)
10
United States v. Asgari (6th Cir., 2019)

Resnik et al v. Coulson (District Court of Eastern District of New York, 2019)

Key Insight: Whether downloading spyware is sufficient circumstantial evidence could result sanction under rule 37(e)(2)

Nature of Case: computer fraud

Electronic Data Involved: deleted electronic records

Keywords: spyware, digital fingerprints

View Case Opinion

PAR PHARMACEUTICAL, INC. et al v. QUVA PHARMA, INC. et al (D. N.J., 2019)

Key Insight: denied forensic imaging of ESI because too expensive and intrusive

Nature of Case: Trade Secret Misappropriation

Electronic Data Involved: Forensic imaging of ESI

Keywords: mentions Sedona principles

View Case Opinion

Lareau v. Nw. Med. Ctr., No. 2:17-cv-81 (D. Vt. Mar. 27, 2019)

Key Insight: parties unable to identify search terms that satisfy court direction for “appropriate search terms.” Attorney is not required to offer opposing counsel his or her own ideas about how to narrow a particular search.

Nature of Case: wrongful termination

Electronic Data Involved: approximately 24,000 emails

Keywords: reasonable scope, search terms, format, sampling

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Klein v. Affiliated Group, Inc. (D. Minn., 2019)

Key Insight: communication between agency and client relevant but too burdensome in relation to claims

Nature of Case: Fair Debt Collection Practices Act (FDCPA)

Electronic Data Involved: communication between collection agency and hospitals

Keywords: hospital collections

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Envy Hawaii, LLC v. Volvo Car USA LLC, No. 17-00040 HG-RT (D. Haw. Mar. 20, 2019)

Key Insight: failure to preserve electronically stored information. Claim that no spoliation occurred because records are available from 3rd parties. Under 37(e), information is lost only if it is irretrievable from another source.

Nature of Case: Improper business practices

Electronic Data Involved: google email accounts and electronic dealer management system records

Keywords: failure to preserve. “it cannot be restored or replaced through additional discovery.” FRCP 37(e)

View Case Opinion

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