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
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
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
Key Insight: enhancement of protective order to ensure heightened confidentiality of one document.
Nature of Case: breach of contract and false and misleading statements
Electronic Data Involved: confidentiality of proprietary aggregate data product
Keywords: protective order, heightened confidentiality
Key Insight: Defendants here have not described any harm that would result from producing the guidelines and have not sought a protective order, the Court declines to find the documents so confidential that they cannot be produced
Nature of Case: bad faith and fraudulent banking
Electronic Data Involved: general discovery responses, voicemails, loan documents, loan history, and communications
Keywords: fraud, trade secrets, incomplete responses, bad faith
Key Insight: Failure to respond to Interrogatories and Requests for Admissions
Nature of Case: American’s with Disabilities Act
Electronic Data Involved: Hard copy; Discussion logs
Keywords: Sanctions; Attorney’s fees; Bad Faith; Inherent power; Intent
Key Insight: good faith effort, a reasonable effort to respond must be made, obstructive and dilatory
Nature of Case: employment discrimination
Keywords: vague broad objections, Failing to fully investigate the case is not an excuse from making initial disclosures
Key Insight: argue that those requests and subpoenas are overly broad
Nature of Case: Motor vehicle accident negligence, personal injury
Electronic Data Involved: medical bills, records, and data for treatment received over a year before incident pertaining to rate of reimbursement
Keywords: subpoena, provider billing structure, medical billing and records, overly broad and burdensome
Key Insight: Plaintiff was made aware that he had to preserve his phone records and text records and than failed to do so
Nature of Case: personal injury and liability
Electronic Data Involved: plaintiff’s cell phone and text messages
Keywords: spoliation, text messages, phone records, cell phone, preservation
Key Insight: third parties want the court to investigate all of the people that had access to discovery materials and assure that they are destroyed for fear of future litigation or political liability
Nature of Case: gerrymandering
Electronic Data Involved: discovery that had been produced
Keywords: preserving confidentiality of information, public accessibility
Copyright © 2022, K&L Gates LLP. All Rights Reserved.