Category: Case Summaries

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Alsadi v. Intel Corporation (D. Az., 2020)
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QueTel Corp v. Hisham Abbas (4th Cir., 2020)
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Equal Employment Opportunity Commission v. M1 5100 Corp., d/b/a Jumbo Supermarket, Inc. (S.D. Fl. , 2020)
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Denson v. Corp. of the President of the Church of Jesus Christ of Latter-Day Saints (D. Utah, 2020)
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US EEOC v The George Washington University (D.D.C. 2020)
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Lawson v. Spirit Aerosystems (Kansas, 2020)
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Optronic Techs., Inc. v. Ningbo Sunny Elec. Co. (N.D. Cal., 2020)
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Bolding v. Banner Bank (W.D. Wash. May 22, 2020)
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WeRide Corp. v. Kun Huang (N.D. Cal., 2020)

Key Insight: Court rejected additional discovery based off proportionality and discovery already produced. There was no additional proof of unproduced, relevant texts.

Electronic Data Involved: Text Messages

Keywords: additional discovery, proportionality

Alsadi v. Intel Corporation (D. Az., 2020)

Key Insight: Court ruled that ESI is expansive and includes information stored electronically, not just information on a computer system as plaintiffs argued. FRCP overrules state law or inherent power to sanction. No negative inference allowed.

Nature of Case: negligence, loss of consortium

Electronic Data Involved: records of ambient gas levels

Keywords: sanctions, negative inference, inherent authority

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QueTel Corp v. Hisham Abbas (4th Cir., 2020)

Key Insight: Defendants had deleted relevant files just before forensic imaging occurred. Court sanctioned Defendant and issue permanent injunction.

Nature of Case: Copyright infringement

Electronic Data Involved: Source Code and files on laptops

Keywords: sanctions, injunctions, source code

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Equal Employment Opportunity Commission v. M1 5100 Corp., d/b/a Jumbo Supermarket, Inc. (S.D. Fl. , 2020)

Key Insight: Defendant “self-collected” without involvement of counsel. Court gave defendant one last chance to produce as 5 months remained in discovery, with active involvement of counsel.

Nature of Case: Age discrimination

Electronic Data Involved: Various ESI

Keywords: certification, party collection

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Denson v. Corp. of the President of the Church of Jesus Christ of Latter-Day Saints (D. Utah, 2020)

Key Insight: Plaintiff’s explanation regarding loss of evidence had changed and court ruled that defendant was entitled to have a third party collect and preserve the evidence. Plaintiff offered passwords to accounts, but court was concerned about possible destruction given Plaintiff’s changing explanation regarding social media accounts and recording.

Nature of Case: Sexual Assault

Electronic Data Involved: Electronic Devices and Cloud Based Accounts; Recording of conversation

Keywords: invasion of privacy, loss of evidence

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US EEOC v The George Washington University (D.D.C. 2020)

Key Insight: Defendant was ordered to produce non-privileged emails responsive to RFP’s. Linear reivew proposed by Defendant wasn’t necessary and other paths existed. Concerns that potential production of privileged information was not enough to justify withholding. Defendant claimed a document by document review was needed, but court believed claw back provisions would be sufficient.

Nature of Case: employment discrimination

Electronic Data Involved: Email

Keywords: review process, 502, privilege

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Lawson v. Spirit Aerosystems (Kansas, 2020)

Key Insight: When plaintiff was allowed to dictate defendant’s electronic discovery process, cost shifting to plaintiff is appropriate when electronic discovery performed was not proportionate to the case

Nature of Case: Employment non-compete agreement

Electronic Data Involved: Electronic records

Keywords: Cost shifting, technology assisted review, TAR, aerospace

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Optronic Techs., Inc. v. Ningbo Sunny Elec. Co. (N.D. Cal., 2020)

Key Insight: Counsel must be involved with discovery to certify process followed. Counsel’s lack of involvement warranted sanctions in this case.

Nature of Case: Antitrust

Electronic Data Involved: Various ESI

Keywords: sanctions, certification

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Bolding v. Banner Bank (W.D. Wash. May 22, 2020)

Key Insight: Defendant deleted backup tapes after litigation hold notice issued. Spoliation occurred, but no default judgment

Nature of Case: class-action employment

Electronic Data Involved: Backup tapes

Keywords: sanctions, backup tapes, destruction

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WeRide Corp. v. Kun Huang (N.D. Cal., 2020)

Key Insight: Defendant’s failure to suspend document retention policy resulted in loss of evidence and court ordered judgment against Defendant. Plaintiff also showed evidence that USB Drives had been inserted into a shared laptop and files deleted. Defendants actions had made it impossible for Plaintiff to prove case.

Nature of Case: Trade Secrets

Electronic Data Involved: USB Drives inserted into company laptop; Email accounts

Keywords: records retention policy, spoliation, sanctions

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