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1
In re Xarelto (Rivaroxaban) Products Liability Litigation (Eastern district of Louisiana MDL, 2016)
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Henry v. Morgan?s Hotel Group, No. 15-cv-1789 (S.D.N.Y. Jan 25, 2016).
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Colyer v. City of Chicago, No. 12 C 04855 (N.D. Ill. Jan. 4, 2016)
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Granados v. Traffic Bar and Restaurant, Inc. (S.D.N.Y., 2015)
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Fero v. Excellus Health Plan, Inc., No. 6:15-cv-06569-EAW (W.D.N.Y. Jan. 19, 2018)

In re Xarelto (Rivaroxaban) Products Liability Litigation (Eastern district of Louisiana MDL, 2016)

Key Insight: personnel files are not maintained by the custodian, they are maintained by HR and contain personal information and are not discoverable

Nature of Case: products liability

Electronic Data Involved: employee personnel files of people that plaintiffs want to depose

Keywords: discoverability, relevancy, personnel files

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Colyer v. City of Chicago, No. 12 C 04855 (N.D. Ill. Jan. 4, 2016)

Key Insight: New trial is ordered when city intentionally withholds or inadequately searches for police recordings.

Nature of Case: use of excessive force by police

Electronic Data Involved: police dispatcher recording

Keywords: OMEC record, traffic stop, police dispatch, zone 6 audio

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Granados v. Traffic Bar and Restaurant, Inc. (S.D.N.Y., 2015)

Key Insight: if sanctions can be granted for inconsistent and incomplete response from opposing party

Nature of Case: violations of the Fair Labor Standards Act and the New York Labor Law

Electronic Data Involved: initial interrogatories and verifications

Keywords: spoliation, sanctions, default judgment, defunct business, unreachable party

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Fero v. Excellus Health Plan, Inc., No. 6:15-cv-06569-EAW (W.D.N.Y. Jan. 19, 2018)

Key Insight: Reconsideration of ruling that plaintiffs lacked standing. Expert affidavit shows substantial risk of identity theft and sale of PII and PHI on the dark web, establishing injury-in-fact.

Nature of Case: Class action arising out of a data breach and alleging identity theft.

Electronic Data Involved: Dark web evidence

Keywords: PII and PHI, dark web, identity theft, Joe Church, Digital Shield, X1 Social Discovery

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