Key Insight: Computer generated diary of investigation of incident by defendant’s adjusting company constituted work product and was protected from discovery
Nature of Case: Personal injury
Electronic Data Involved: Computer generated diary
Key Insight: Court denied motion for spoliation inference based upon former employee’s deletion of files on home computer, since plaintiff could not demonstrate any prejudice resulting from alleged spoliation or show that former employee was “at fault” for deleting the files, i.e., that he intended to impair plaintiff’s ability to uncover evidence; employee claimed to have deleted the files to ensure that he no longer had access to plaintiff’s information after he resigned his employment
Nature of Case: Misappropriation of trade secrets, breach of non-competition agreement
Electronic Data Involved: Files on former employee’s home computer
Key Insight: Court denied plaintiff’s motion for accelerated discovery and immediate inspection and copying of defendants’ computers by computer forensic specialist designated by plaintiff, since plaintiff had not yet filed its preliminary injunction motion: ?The Court will not accelerate and expand discovery beyond the parameters annunciated in the Federal Rules of Civil Procedure so as to help the parties prepare for an evidentiary hearing that may never take place.?
Nature of Case: Misappropriation of trade secrets and related claims
Electronic Data Involved: Email, confidential business information
Key Insight: Court denied plaintiff’s motion to compel further response to overbroad request for all emails, finding that defendants’ production of all existing emails sent to or from plaintiff, or pertaining to plaintiff’s performance during relevant time period was a reasonable attempt to provide responsive information; court further rejected plaintiff’s motion for an order to show cause regarding possible spoliation, concluding that it was not reasonable for defendants “to have foreseen that all e-mails would be relevant to plaintiff’s situation”
Nature of Case: Employment discrimination
Electronic Data Involved: Email
Key Insight: Court rejected defendant’s excuses for extended delay in producing itemization of withdrawals in a format usable by plaintiff, and ordered defendant to reimburse plaintiff for the reasonable cost of attorneys’ fees incurred in moving for contempt of court’s prior order
Nature of Case: Breach of contract
Electronic Data Involved: Billing records, backup tapes, DVDs
Key Insight: Where defendant had not previously understood that its obligation to search for responsive documents extended to email accounts, but counsel had taken steps to rectify the situation, court denied plaintiff?s demand that defendant be compelled to produce an affidavit describing its document search and collection processes, and instead ordered defendant to provide a verified statement signed by a responsible corporate official that defendant made a good faith search for responsive material and that all responsive, non-privileged documents were produced
Nature of Case: Trademark infringement
Electronic Data Involved: Email
Key Insight: Magistrate judge was within his discretion to order that original discs be produced for computer expert’s inspection and copying so that all parties could be satisfied as to the authenticity and integrity of the copies provided
Nature of Case: Employment discrimination
Electronic Data Involved: Computer discs onto which plaintiff had copied various files of defendant
Key Insight: Court employed five-factor balancing test to determine that, under totality of circumstances, defendant?s inadvertent disclosure of privileged emails did not effect waiver; court granted defendant?s motion for return of the privileged documents
Nature of Case: Allegations of Medicare fraud and retaliatory discharge
Electronic Data Involved: Privileged emails on CD
Key Insight: Court granted plaintiffs’ Rule 56(f) motion to delay adjudication of summary judgment motion to allow further discovery where collection agency did not retain hard copies of collection letters but instead noted the nature and types of letters on a debtor overview report and saved copies of form letters, and where dispute existed over whether an exhibit submitted in support of defendant’s motion was an accurate reproduction of defendant’s initial communication to plaintiff or a fabrication
Nature of Case: Debtor sued collection agency under Fair Debt Collection Practices Act
Electronic Data Involved: Computer record of collection activity and form letters
Key Insight: Court ordered: “The parties should also resolve MBF’s request for production of Boehringer’s computers and data storage devices. In the event the parties do not cooperate and resolve the discovery issues, the Court will hold a hearing and require attorneys to be present.”
Nature of Case: Former employer alleged copyright infringement, breach of contract, unauthorized access of its computer system, and misappropriation of trade secrets claims against former employee
Electronic Data Involved: Former employee’s computer and data storage devices
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