King v. Fleming, No. 17-3095 (10th Cir. Aug. 15, 2018)
Key Insight: Sanctions were appropriate for a fraudulently edited email entered into evidence
Nature of Case: Judge removal
Electronic Data Involved: E-mails
Am. Mun. Power, Inc. v. Voith Hydro, Inc., No. 2:17-cv-00708 -ALM-EPD (S.D. Ohio June 4, 2018)
Key Insight: Which search terms are to be used to identify responsive ESI
Nature of Case: Construction litigation
Electronic Data Involved: Email and other ESI
BankDirect Capital Fin., LLC v. Capital Premium Fin., Inc., No. 1:15-cv-10340 (N.D. Ill. Apr. 4, 2018)
Key Insight: False statements about loss of evidence more easily prove intent wrt spoliation
Nature of Case: Breach of contract
Electronic Data Involved: Emails
De Simone v. VSL Pharms., Inc., No. 8:15-cv-01356-TDC (D. Md. March 16, 2018)
Key Insight: Intentional spoliation but with no bad faith and little prejudice leads to only costs and fees sanctions
Nature of Case: Intellectual property
Electronic Data Involved: Electronic documents
Epac Technologies, Inc. v. HarperCollins Christian Publishing, Inc., f/k/a Thomas Nelson, Inc., No. 3:12-cv-00463 (M.D. Tenn. March 29, 2018)
Key Insight: Gross negligence does not necessarily prove intent on loss of electronic documents
Nature of Case: Contract
Electronic Data Involved: Warehouse data, e-mails
In Re Domestic Airline Travel Antitrust Litigation, MDL Docket No. 2656, Misc. No. 15-1404 (CKK) (D.D.C. Sept. 13, 2018)
Key Insight: Motion for Extension of Time to Complete Discovery, unforeseen or unanticipated matters.
Nature of Case: Unlawful restraint of trade class action
Electronic Data Involved: 3.5 million predominantly non-responsive documents produced by defendant, predictive coding.
In re Modern Plastics Corp. v. New Products Corp., No. 17-2256 (6th Cir. Apr. 26, 2018)
Key Insight: Attorney’s fees for unduly burdensome third party subpoenas are compensated
Nature of Case: Trusts and estates
Electronic Data Involved: Emails
Brooks Sports, Inc. v. Anta (China) Co., Ltd. 1:17-cv-01458 (E.D. Virginia, 2018)
Key Insight: Failure to produce discovery and making misrepresentations about the nature and content of documents so as to not produce them.
Nature of Case: trademark infringement
Electronic Data Involved: business documents, text messages, personal messages of employees.
Keywords: Compel, “chinese privacy law” misrepresentation,
Experience Hendrix, L.L.C. et. al., v. Pitsicalis et al, No. 1:17-cv-01927-PAE (S.D.N.Y. Nov. 28, 2018)
Key Insight: Failure to disclose computing devices or to preserve documents, and doing so intentionally led to an adverse inference
Nature of Case: Intellectual property infringement (trademark and copyright)
Electronic Data Involved: Electronic documents, text messages
Keywords: Spoliation, Hendrix, adverse inference, anti-forensic software
U.S. v. Leyva, No. 16-cr-20723 (E.D. Mich. Nov. 26, 2018)
Key Insight: CSLI, privacy, Stored Communications Act, SCA
Nature of Case: conspiracy to possess with intent to distribute a controlled substance, attempted possession of a controlled substance with intent to distribute
Electronic Data Involved: cell site location information
Keywords: Fourth Amendment, good-faith exception, federal rule of criminal procedure 33(a), warrant, exclusion of evidence, motion for a new trial