Archive: 2020

1
WeRide Corp. v. Kun Huang (N.D. Cal., 2020)
2
Brittney Gobble Photography, LLC v. Sinclair Broadcast Group, Inc. (D. Md. 2020)
3
In re Fluor Intercontinental, Inc., 803 Fed.Appx. 697 (4th Cir. Mar. 25, 2020)
4
Simpson v. J.L. Guess et al. (Middle District of Florida, 2020)
5
Noahs Wholesale, LLC v. Covington Specialty Insurance Co. (Southern District of Florida, 2020)
6
U.S. v. Morgan (Western District of New York, 2020)
7
Rodriguez-Ruiz v. Microsoft Operations Puerto Rico (District of Puerto Rico, 2020)
8
IN RE: Bard IVC Filters Products Liability Litigation (D. Arizona, 2020)
9
Shelton v. Fast Advance Funding, LLC (3rd Circuit, 2020)
10
Vaks v. Quinlan, et al. (District of Massachusetts, 2020)

WeRide Corp. v. Kun Huang (N.D. Cal., 2020)

Key Insight: Defendant’s failure to suspend document retention policy resulted in loss of evidence and court ordered judgment against Defendant. Plaintiff also showed evidence that USB Drives had been inserted into a shared laptop and files deleted. Defendants actions had made it impossible for Plaintiff to prove case.

Nature of Case: Trade Secrets

Electronic Data Involved: USB Drives inserted into company laptop; Email accounts

Keywords: records retention policy, spoliation, sanctions

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Brittney Gobble Photography, LLC v. Sinclair Broadcast Group, Inc. (D. Md. 2020)

Key Insight: Plaintiff, a professional photographer, filed a motion for spoliation sanctions against the defendant, claiming the deletion of emails were crucial to the claims and defenses in the litigation. The court denied plaintiff’s motion, finding: there is no evidence that the emails at issue actually existed, and an inference that they did not exist; if the emails existed, there is no evidence that the defendant lost or destroyed any emails in order to prevent plaintiff from using them in the litigation; and plaintiff is not prejudiced by the purported loss. Plaintiff never proved that the purported emails existed and to succeed on a spoliation of evidence motion, mere speculation is not enough.

Nature of Case: Copyright infringement

Electronic Data Involved: Emails

Case Summary

In re Fluor Intercontinental, Inc., 803 Fed.Appx. 697 (4th Cir. Mar. 25, 2020)

Key Insight: Disclosure of summary of internal investigation did not waive privilege of underlying documents. Waiver not inferred simply because of disclosure of materials on same topic.

Nature of Case: employment dispute

Electronic Data Involved: internal investigation files

Keywords: waiver, privilege

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Simpson v. J.L. Guess et al. (Middle District of Florida, 2020)

Key Insight: Proportionality need for records not related to the claim; Relevance; Access to records; Parties resources; Whether the burden or expense of the proposed discovery outweighs it’s likely benefit

Nature of Case: Prisoner Pro Se – Unconstitutional use of excessive force by corrections officers

Electronic Data Involved: Hard copy (discipline records/ Mail logs); collection

Keywords: Compel; Sanctions; Declaration of counsel; Malicious and sadistic purpose to inflict harm; State of Mind; Veracity; narrowed requests; meet and confer;

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Noahs Wholesale, LLC v. Covington Specialty Insurance Co. (Southern District of Florida, 2020)

Key Insight: when work product doctrine comes into play

Nature of Case: theft of business property insurance claim

Electronic Data Involved: insurance file claim work product claim

Keywords: work product doctrine, anticipation of litigation

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U.S. v. Morgan (Western District of New York, 2020)

Key Insight: encryption

Nature of Case: Conspiracy to commit wire fraud and bank fraud; Money Laundering conspiracy

Electronic Data Involved: Servers, computers, storage media, iPhone

Keywords: Search warrant; “GrayKey” program to access passcodes; Unreasonable retention of the iPhone; Motion for Return of Property; 3 part test – 1.entitled to possession, 2. property not contraband, 3. either seizure was illegal or the government’s need for the property as evidence has ended; evidentiary burden

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Rodriguez-Ruiz v. Microsoft Operations Puerto Rico (District of Puerto Rico, 2020)

Key Insight: Social media posts are generally not protected by privacy concerns, but discovery of social media posts do need to be limited and proportional to the case’s needs

Nature of Case: Wrongful termination

Electronic Data Involved: Social media posts

Keywords: Privacy, Facebook, Microsoft, wrongful termination, ADA, social media

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Shelton v. Fast Advance Funding, LLC (3rd Circuit, 2020)

Key Insight: defendant argued that it had no obligation to respond to timely discovery requests because the due date of the discovery was after the discovery deadline.

Nature of Case: telemarketing violation

Electronic Data Involved: requests for admission

Keywords: discovery deadline, requests for admission

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Vaks v. Quinlan, et al. (District of Massachusetts, 2020)

Key Insight: plaintiff violated the protective order by filing a pleading attaching confidential documents

Nature of Case: employment discrimintation

Electronic Data Involved: confidential documents protected under the protective order

Keywords: protective order, confidentiality

View Case Opinion

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