Key Insight: lost evidence, data preservation
Nature of Case: breach of contract
Electronic Data Involved: destroyed electronic records of experts
Keywords: Case dismissal applicable only in extreme circumstances, defensible collection
Key Insight: Discovery sanctions motion.
Nature of Case: Workplace discrimination.
Electronic Data Involved: Employment records including personnel files of supervisors and documents regarding performance of other employees.
Keywords: Failure to preserve, search terms, motion to compel.
Key Insight: If a party cannot show that destruction of video footage was intentional, then sanctions can be awarded unless it can be shown that the destroyed evidence would be relevant.
Nature of Case: grocery store slip and fall
Electronic Data Involved: surveillance camera footage
Keywords: video surveillance, spoliation, intentional destruction of evidence
Key Insight: facebook information discovered after award was not allowed because Defendant could have developed information earlier and failed to do so.
Nature of Case: Personal Injury
Electronic Data Involved: Social Media
Keywords: post-judgment motion; new evidence; social media
Key Insight: Citation to Rule/caselaw that omits consideration of “proportionality” is reckless and sanctionable.
Nature of Case: Fair Debt Collection Practice Act (FDCPA) Action
Electronic Data Involved: Medical records
Keywords: “misstate[ment] [of] the law” “outdated caselaw” “recklessly misrepresented” “medical condition”
Key Insight: Sanctions for attorney’s fees are warranted when computer files are deleted (even if they are recovered) and when a phone is recklessly lost in a “palpably suspicious” incident.
Nature of Case: Corporate management disputes between co-founders
Electronic Data Involved: cell phone contents, computer files
Keywords: spoliation, palpably suspicious, lost phone, ineffective spoliation, reckless failure to preserve
Key Insight: if images of hard drives is sufficient prodcution of the hard drives themselves
Nature of Case: Fraud, conversion of instruments, failure to exercise ordinary care
Electronic Data Involved: all computers midwest obtained and the information on those computers at the time they were obtained
Keywords: hard drives, forensic imaging
Key Insight: Predictive coding may be used to conserve time and expense where e-discovery expertise applied
Nature of Case: Embezzlement/Fraudulent Transfers Action
Electronic Data Involved: Backup storage tapes of exchange server containing tax-related information
Keywords: “computer-assisted review [tools]” “privileged or confidential information” “universe of documents”
Key Insight: Absent a search warrant, the Government may not turn a citizen’s cellphone into a tracking device.
Nature of Case: Drug Trafficking
Electronic Data Involved: cell site location information, cellphone location
Keywords: pings, cell phones, CSLI, cell site, pen register information
Key Insight: Plaintiff requested discovery from defendants parent company through defendant. Ability to obtain and control tests failed and motion was denied.
Nature of Case: nuisance, negligence
Electronic Data Involved: Various Discovery
Keywords: ability-to-obtain, control
Copyright © 2022, K&L Gates LLP. All Rights Reserved.