Key Insight: Brief reference to court’s granting plaintiff’s requested ex parte TRO and seizure order to seize computers and hardware, copy memory, and delete pirated software before returning items to defendant
Nature of Case: Copyright and trademark infringement, unfair competition
Electronic Data Involved: Hard drives and memory devices (video game software)
Key Insight: Reference to previously entered TRO, ordering, among other things, that the parties neither destroy, alter, modify nor conceal any relevant data, including data stored on computer media, that defendants create and thereafter produce to defense counsel a backup file of defendant Bailey’s laptop computer, and a backup file of any personal computer hard-drive to which defendant Bailey has had access at any time, and that defendants produce a redacted copy of these hard-drive backup files to plaintiff’s counsel within three days after entry of the TRO; subsequent preliminary injunction included similar provisions
Nature of Case: Employer sued former employee for breach of employment contract, tortious interference, misappropriation of trade secrets
Electronic Data Involved: Databases containing sales and customer information
Key Insight: Inadvertent disclosure of defense attorney’s emails regarding defendants’ disposition of assets in context of massive production constituted subject matter waiver of attorney-client privilege because precautions taken to avoid such disclosure were not reasonable, defendants ordered to produce unredacted attorney billing memoranda relating to issue
Nature of Case: Environmental litigation
Electronic Data Involved: Email
Key Insight: Production request for all email to or from individual defendant during specified period was overly broad and burdensome, since plaintiff failed to justify the wholesale production of emails and failed to indicate why there would be relevant information concerning her claims in such emails
Nature of Case: Sex discrimination, negligent hiring and battery
Electronic Data Involved: Email
Key Insight: Where defendant represented that it had not located any other responsive documents which were not previously produced, court ordered defendant, with seven days of receipt of the order, to: (1) confirm that a reasonable search for the subject documents was conducted and indicate what the manner of the search was, (2) produce responsive documents, (3) confirm if no responsive documents exist, and (4) confirm instances where the documents were destroyed, indicating by whom and when, if possible
Nature of Case: Class action for race discrimination
Electronic Data Involved: Email and other documents
Key Insight: Court found that local Patent Rule 3-4(a) requires production of source code and granted Plaintiff?s motion to compel
Nature of Case: Patent infringement
Electronic Data Involved: Source Code
Key Insight: Since defendant had destroyed electronic records and failed to produce the very records that would provide evidence of its contacts within D.C., even after being ordered by court to do so, court denied defendant’s motion to dismiss for lack of personal jurisdiction; court declined to impose any sanctions, but said plaintiff could bring a motion in the future
Nature of Case: Copyright infringement and related claims
Electronic Data Involved: Electronic information on servers
Key Insight: Default judgment entered against defendant and attorneys’ fees awarded to plaintiff, pursuant to Fed. R. Civ. P. 37, for defendant’s willful and intentional destruction of laptop presumably containing crucial evidence of defendant’s decoder key modification programs, sale records and customer lists
Nature of Case: Cable TV provider sued businessman for cable TV theft
Electronic Data Involved: Laptop
Key Insight: Insurer’s willful failure to comply with discovery orders and failure to produce database warranted evidentiary preclusion order amounting to entry of default judgment on agent’s counterclaim
Nature of Case: Insurer sued former general agent and agent counterclaimed for renewal commissions owed
Electronic Data Involved: Database containing raw data regarding policies sold by agents
Key Insight: Magistrate found good cause to grant motion to compel where deponent identified source code in deposition which had not been produced; court ordered defendant to produce sworn declaration setting forth the specific efforts it made to locate responsive documents and either a certification that all documents have been produced, or an explanation of why the documents have not yet been produced
Nature of Case: Patent infringement
Electronic Data Involved: Source code
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