Key Insight: Motion for Extension of Time to Complete Discovery, unforeseen or unanticipated matters.
Nature of Case: Unlawful restraint of trade class action
Electronic Data Involved: 3.5 million predominantly non-responsive documents produced by defendant, predictive coding.
Key Insight: Gross negligence does not necessarily prove intent on loss of electronic documents
Nature of Case: Contract
Electronic Data Involved: Warehouse data, e-mails
Key Insight: Reduction of file search space can be proportional, use of CAR should be well documented and disclosed to opposing counsel
Nature of Case: Business M&A
Electronic Data Involved: Electronic records searched through computer assisted review (CAR)
Key Insight: False statements about loss of evidence more easily prove intent wrt spoliation
Nature of Case: Breach of contract
Electronic Data Involved: Emails
Key Insight: Discovery should be proportional and limited to the issue
Nature of Case: Intellectual Property (trade secrets)
Electronic Data Involved: All electronic data
Key Insight: Spoliation sanctions must remedy the harm caused by the loss, and if documents are produced there is little loss
Nature of Case: Intellectual Property (Trade secrets)
Electronic Data Involved: E-mail
Key Insight: Which search terms are to be used to identify responsive ESI
Nature of Case: Construction litigation
Electronic Data Involved: Email and other ESI
Key Insight: Attorney’s fees for unduly burdensome third party subpoenas are compensated
Nature of Case: Trusts and estates
Electronic Data Involved: Emails
Key Insight: Intentional spoliation but with no bad faith and little prejudice leads to only costs and fees sanctions
Nature of Case: Intellectual property
Electronic Data Involved: Electronic documents
Key Insight: Discovery costs must be proportional to the amount in controversy ($20 million in dispute allows for at least $13,000 in discovery costs)
Nature of Case: Contract breach
Electronic Data Involved: Electronic documents/communications
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