Key Insight: preservation of data for future discovery in class action.
Nature of Case: Violation of Telephone Consumer Protection Act
Electronic Data Involved: data or documents that may be relevant to a putative class action.
Keywords: preservation, class action, third-party preservation
Key Insight: Materials stored extraterritoriality could be discoverable, subject to discretion to authorize discovery.
Nature of Case: legality of mandated “fire sale” of bank
Electronic Data Involved: due diligence materials stored in Spain
Keywords: extraterritoriality discovery
Key Insight: Party could still be sanctioned to pay expert fees where party unsuccessfully altered evidence.
Nature of Case: Automobile accident.
Electronic Data Involved: Photographs and videos.
Keywords: “altering” “deleting” “deliberate[ly]” “computer scientist” “Facebook post”
Key Insight: Plaintiff never articulated claims that would make reasonable person believe lawsuit was likely. No duty to preserve had yet attached when Plaintiff when to HR.
Nature of Case: Discrimination
Electronic Data Involved: emails and SAP account
Keywords: Imminent litigation; adverse inference
Key Insight: Sanctions granted for first claiming withholding all responsive documents, then claiming there were no responsive documents. Protective Order violated by using information obtained under protective order to locate public information.
Nature of Case: false advertising/trademark infringement
Electronic Data Involved: Document related to claimed settlement achieved
Keywords: privilege, sanctions
Key Insight: Whether the private arbitration panel in this case is considered a “foreign or international tribunal” and therefore whether discovery may be ordered under section 1782(a)
Nature of Case: contract dispute, application for arbitration discovery
Electronic Data Involved: arbitration discovery and “foreign or international tribunal”
Keywords: arbitration, ordered discovery, “foreign or international tribunal”
Key Insight: can provision 1782(a) be extended to use in private arbitration
Nature of Case: supply-chain logistics
Electronic Data Involved: use of discovery in private arbitration
Keywords: private arbitration, tribunal, provision 1782(a)
Key Insight: whether adverse inference is appropriate where investigative file not located
Nature of Case: Title VII disparate treatment
Electronic Data Involved: investigative files
Keywords: adverse inference
Key Insight: ordered to produce a sample of 10 calls chosen by requesting party to see if information duplicative
Nature of Case: RICO
Electronic Data Involved: audio recordings of phone calls
Keywords: credit collector sues firm representing debtors
Key Insight: Requests for Production; marketing materials; Unreasonably cumulative or duplicative
Nature of Case: Trademark Infringement
Electronic Data Involved: Hard copy; Historical records; on-site inspection; Marketing materials (documents, recordings, video, displays, etc.)
Keywords: Discovery violations; adequacy of discovery responses; Vague/overbroad/burdensome/ not calculated to lead to discovery of documents relevant to claims or defenses; proportionality; access; costs/Attorney’s fees; resources; “Senior user”; Cherrypicking; Evidentiary preclusion; Court order; Representative samples
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