Key Insight: whether deleting documents for the purpose of depriving the plaintiff of their use in litigation satisfies Rule 37(e)
Nature of Case: breach of contract and unfair competition
Electronic Data Involved: deleted electronic records
Keywords: scholarchip, entrepreneur, webinar
Key Insight: Plaintiff’s motion for terminating spoliation sanctions granted in part, with a permissive inference spoliation jury instruction.
Nature of Case: Dispute over a software platform
Electronic Data Involved: Exported ScholarChip email account to “One Drive” clouds storage and saved copy on defendant’s personal computer.
Keywords: spoliation, permissive inference, intent to deprive
Key Insight: Handwritten notes by Plaintiff had been produced. Plaintiff used attorney typed version to refresh memory before deposition. Court ordered production of typed notes.
Nature of Case: Employment Discrimination
Electronic Data Involved: Typed version of handwritten notes
Keywords: recollection refresh; deposition; privilege; work product
Key Insight: protective order without a sharing provision is unfair to future similarily situated plaintiffs.
Nature of Case: product liability
Electronic Data Involved: All relevant discovery
Keywords: protective order, sharing provision, class action, similarly situated plaintiff
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
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
Key Insight: whether sanctions under Rule 37(e) are appropriate
Nature of Case: Breach of Contract, misappropriation of trade secrets
Electronic Data Involved: USB Drive
Keywords: FS event, usb, lnk files
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
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
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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