Archive: May 2019

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United States v. Connelly (S.D. New York, 2019)
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J.S.T. Corporation v. Robert Bosch LLC et al (District Court of Eastern Michigan, 2019)
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International Financial Co. LLC v. Jabali-Jeter (District Court of Eastern Pennsylvania, 2019)
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Lotus Indus., LLC v. Archer (E.D. Mich., 2019)
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Marsulex Environmental Technologies v. Selip S.P.A. (District Court of Middle Pennsylvania, 2019)
6
Mafille v. Kaiser-Francis Oil Co (N.D. Oklahoma, 2019)
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Gates Corp. v. CRP Industries, No. 16-cv-01145 (D. Colo., 2019)
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Doe 1 et al v. City of Chicago (N.D. Ill., 2019)
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Miller v. Thompson-Walk (District Court of Western Pennsylvania, 2019)
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Jacops v. Foreportal Inc. (District Court of Nebraska, 2019)

United States v. Connelly (S.D. New York, 2019)

Key Insight: internal investigations of private companies heavy pressure from the government creates coercive evidence

Nature of Case: criminal case, wire fraud and conspiracy to commit wire fraud and bank fraud

Electronic Data Involved: internal investigations requested by the DOJ and government entities

Keywords: internal investigation, government, DOJ

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J.S.T. Corporation v. Robert Bosch LLC et al (District Court of Eastern Michigan, 2019)

Key Insight: whether the parties have acted in good faith, which shall relate to both the substance of the parties? accusations of misconduct, as well as the parties? decision to file an accusation of misconduct.

Nature of Case: misappropriation of trade secrets

Electronic Data Involved: emails

Keywords: foxconn, hit2

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Lotus Indus., LLC v. Archer (E.D. Mich., 2019)

Key Insight: Whether a subpoenaed third party is entitled to costs and portion of fees before engaging in document processing

Nature of Case: RICO and First Amendment Retaliation

Electronic Data Involved: documents

Keywords: fee shifting, undue burden, costs and fees

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Marsulex Environmental Technologies v. Selip S.P.A. (District Court of Middle Pennsylvania, 2019)

Key Insight: whether failure of preserve documents is proof of lost relevant documents for 37(e) sanctions

Nature of Case: Strict product liability

Electronic Data Involved: deleted electronic records

Keywords: superficial cracks

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Mafille v. Kaiser-Francis Oil Co (N.D. Oklahoma, 2019)

Key Insight: whether sanctions are appropriate where defendant donated plaintiff’s computer per usual practice but after receiving preservation notice

Nature of Case: workplace discrimination

Electronic Data Involved: deleted electronic records

Keywords: sanctions, destruction, failure to preserve

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Gates Corp. v. CRP Industries, No. 16-cv-01145 (D. Colo., 2019)

Key Insight: The crime-fraud exception invalidates attorney client privilege protections with regards to an internal investigation of an employee now known to have stolen proprietary documents and shared them with her supervisor.

Nature of Case: Theft of confidential business documents

Electronic Data Involved: database containing proprietary information

Keywords: proprietary information, theft, crime-fraud exception

View Case Opinion

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