KLG PDF Import – Page 2 – Electronic Discovery Law

US EEOC v The George Washington University (D.D.C. 2020)

Jun 26 2020

Key Insight: Defendant was ordered to produce non-privileged emails responsive to RFP’s. Linear reivew proposed by Defendant wasn’t necessary and other paths existed. Concerns that potential production of privileged information was not enough to justify withholding. Defendant claimed a document by document review was needed, but court believed claw back provisions would be sufficient.

Nature of Case: employment discrimination

Electronic Data Involved: Email

Keywords: review process, 502, privilege

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Lawson v. Spirit Aerosystems (Kansas, 2020)

Jun 18 2020

Key Insight: When plaintiff was allowed to dictate defendant’s electronic discovery process, cost shifting to plaintiff is appropriate when electronic discovery performed was not proportionate to the case

Nature of Case: Employment non-compete agreement

Electronic Data Involved: Electronic records

Keywords: Cost shifting, technology assisted review, TAR, aerospace

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Optronic Techs., Inc. v. Ningbo Sunny Elec. Co. (N.D. Cal., 2020)

Jun 01 2020

Key Insight: Counsel must be involved with discovery to certify process followed. Counsel’s lack of involvement warranted sanctions in this case.

Nature of Case: Antitrust

Electronic Data Involved: Various ESI

Keywords: sanctions, certification

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Bolding v. Banner Bank (W.D. Wash. May 22, 2020)

May 22 2020

Key Insight: Defendant deleted backup tapes after litigation hold notice issued. Spoliation occurred, but no default judgment

Nature of Case: class-action employment

Electronic Data Involved: Backup tapes

Keywords: sanctions, backup tapes, destruction

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

Apr 24 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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In re Fluor Intercontinental, Inc., 803 Fed.Appx. 697 (4th Cir. Mar. 25, 2020)

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)

Mar 20 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)

Mar 13 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)

Mar 06 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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IN RE: Bard IVC Filters Products Liability Litigation (D. Arizona, 2020)

Mar 05 2020

Key Insight: “No-eyes-on” document production;

Nature of Case: Products Liability MDL

Electronic Data Involved: Hard copy and ESI productions;

Keywords: MDL; Discovery orders; Production

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