Key Insight: Plaintiff was arrested while police pursuing his brother. Videos from car were mis-labeled and therefore destroyed. Plaintiff could not show bad faith, so no adverse inference instruction.
Nature of Case: civil rights
Electronic Data Involved: Police Car Videos
Keywords: adverse inference; sanctions; bad faith
Key Insight: Sanctions for failure to preserve. Plaintiff did not issue a litigation hold until 23 months after reasonable anticipation of litigation.
Nature of Case: Legal malpractice
Electronic Data Involved: ESI destroyed under plaintiff’s record destruction policies: Backup tapes, routine deletion of emails, erasure of hard drives/email accounts.
Keywords: Preservation, spoliation sanctions, adverse inference charge, litigation hold.
Key Insight: Preliminary injunction is granted when party sent trade secrets to themselves and opposing party may be irreparably harmed by usage of information
Nature of Case: Trade secret infringement
Electronic Data Involved: E-mails
Keywords: preliminary injunction, irreparable harm,
Key Insight: Asserting well supported objection against a relevant request.
Nature of Case: personal injury
Electronic Data Involved: social media accounts, and postings
Keywords: social media records, mental state, postings
Key Insight: When the productions of underlying information (exact Excel formulas in this case) may disclose proprietary information, a supplemental disclosure explaining the underlying reasons may be a suitable replacement
Nature of Case: Automobile insurance coverage
Electronic Data Involved: Excel spreadsheet formulas
Keywords: Excel, formulas, moot, metadata, award of sanctions, expenses, fees
Key Insight: Plaintiff failure to produce relevant and discoverable information.
Nature of Case: Insurance coverage litigation.
Electronic Data Involved: Email produced by a third party.
Keywords: Motion to compel. Specificity. Failure to specify.
Key Insight: cant compel production of overseas medical records not in plaintiff’s possession
Nature of Case: medical malpractice, failure to warn
Electronic Data Involved: medical documents
Keywords: UAE patient cant get lien records from overseas entities
Key Insight: The Village did not preserve the facebook posts or text messages despite having that duty. Court ruled that severe sanctions were warranted including an adverse inference and legal fees.
Nature of Case: discrimination; zoning
Electronic Data Involved: Facebook posts and text messages
Keywords: adverse inference; facebook, texts
Key Insight: Plaintiff alleges Defendant accessed personal email on her former work computer. Court only allowed Stored Communications Act claim to move forward to discovery.
Nature of Case: Federal Wiretap Act, Computer Fraud and Abuse Act,
Electronic Data Involved: Personal Email Account on Work Computer, Stored Communications Act
Keywords: email access; personal email
Key Insight: Deletion of emails at recommendation of email provider is not deletion with intent to destroy evidence, therefore terminating sanctions are overbroad
Nature of Case: Antitrust
Electronic Data Involved: Deleted emails
Keywords: Theatres, Cinemark, terminating sanctions, Bryan Cranston
Copyright © 2022, K&L Gates LLP. All Rights Reserved.