Key Insight: Failure to produce; Sanctions; Proportionality
Nature of Case: Trademark & Copyright infringement
Electronic Data Involved: Hard copy; correspondence; email
Keywords: “Functional employee”; Consultant; Third-party communications; Privilege; Spoliation; Unfair prejudice; Attorney’s fees and costs; Proportionality; Access/Resources;
Key Insight: whether the issue of spoliation could be brought before the jury to decide if evidence was withheld and if that was justified
Nature of Case: personal injury, motor vehicle
Electronic Data Involved: Log books of defendant
Keywords: spoliation, jury instruction, question of law/fact
Key Insight: spoliation of video evidence requested by plaintiff
Nature of Case: Slip and fall liability
Electronic Data Involved: Surveillance camera footage
Keywords: spoliation, surveillance, sanctions
Key Insight: two reports for different suits, written by the same expert. defendants in those cases subpoenaed each other’s report to get it without confidentiality restrictions
Nature of Case: intellectual property infringement
Electronic Data Involved: expert report deemed confidential
Keywords: subpoena, expert report, confidential, privilege, protective order
Key Insight: discovery requests overbroad
Nature of Case: telephone consumer protection act
Electronic Data Involved: general discovery
Keywords: scope of relevant discovery, class action
Key Insight: Former attorneys sanctioned (firm and individually) for discovery failures during representation. Court determined they had been denied due process and sanctions should not have been imposed.
Nature of Case: Trade Practices, Unfair Competition, Tortious Interference
Electronic Data Involved: Various Items in Discovery
Keywords: discovery sanctions, individual attorneys, due process, notice
Key Insight: discovery that is not authorized by law cannot be “untaken”. order that compels discovery beyond that allowed by law is abuse of discretion
Nature of Case: personal injury, property liability
Electronic Data Involved: WTG net worth documentation
Keywords: net worth discovery, abuse of discretion, motion to compel
Key Insight: dispute over search terms meant to identify documents
Nature of Case: environmental litigation
Electronic Data Involved: all discovery, search term protocol
Keywords: search term protocol, predictive coding, technology assisted review,
Key Insight: if a motion to deny a class certification can be granted before discovery
Nature of Case: telemarketing, telephone consumer protection act
Electronic Data Involved: discovery showing common questions for a class certification
Keywords: class certification, rule 23
Key Insight: who bears the burden of paying for translation of foreign language documents
Nature of Case: unfair competition, false advertising, defamation, false light, trade libel, and tortious interference
Electronic Data Involved: foreign language documents
Keywords: foreign language, translation, machine translation, burden to pay
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