Electronic Discovery Law

Legal issues, news and best practices relating to the discovery of electronically stored information.

1
In re Fluor Intercontinental, Inc., 803 Fed.Appx. 697 (4th Cir. Mar. 25, 2020)
2
Simpson v. J.L. Guess et al. (Middle District of Florida, 2020)
3
Noahs Wholesale, LLC v. Covington Specialty Insurance Co. (Southern District of Florida, 2020)
4
U.S. v. Morgan (Western District of New York, 2020)
5
Rodriguez-Ruiz v. Microsoft Operations Puerto Rico (District of Puerto Rico, 2020)
6
IN RE: Bard IVC Filters Products Liability Litigation (D. Arizona, 2020)
7
Shelton v. Fast Advance Funding, LLC (3rd Circuit, 2020)
8
Vaks v. Quinlan, et al. (District of Massachusetts, 2020)
9
Grande v. U.S. Bank National Association, et al (Western District of Washington, 2020)
10
Allscripts Healthcare, LLC v. DR/Decision Resources, LLC d/b/a Decision Resources Group (District of Massachusetts, 2020)

In re Fluor Intercontinental, Inc., 803 Fed.Appx. 697 (4th Cir. Mar. 25, 2020)

Key Insight: Disclosure of summary of internal investigation did not waive privilege of underlying documents. Waiver not inferred simply because of disclosure of materials on same topic.

Nature of Case: employment dispute

Electronic Data Involved: internal investigation files

Keywords: waiver, privilege

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Simpson v. J.L. Guess et al. (Middle District of Florida, 2020)

Key Insight: Proportionality need for records not related to the claim; Relevance; Access to records; Parties resources; Whether the burden or expense of the proposed discovery outweighs it’s likely benefit

Nature of Case: Prisoner Pro Se – Unconstitutional use of excessive force by corrections officers

Electronic Data Involved: Hard copy (discipline records/ Mail logs); collection

Keywords: Compel; Sanctions; Declaration of counsel; Malicious and sadistic purpose to inflict harm; State of Mind; Veracity; narrowed requests; meet and confer;

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Noahs Wholesale, LLC v. Covington Specialty Insurance Co. (Southern District of Florida, 2020)

Key Insight: when work product doctrine comes into play

Nature of Case: theft of business property insurance claim

Electronic Data Involved: insurance file claim work product claim

Keywords: work product doctrine, anticipation of litigation

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U.S. v. Morgan (Western District of New York, 2020)

Key Insight: encryption

Nature of Case: Conspiracy to commit wire fraud and bank fraud; Money Laundering conspiracy

Electronic Data Involved: Servers, computers, storage media, iPhone

Keywords: Search warrant; “GrayKey” program to access passcodes; Unreasonable retention of the iPhone; Motion for Return of Property; 3 part test – 1.entitled to possession, 2. property not contraband, 3. either seizure was illegal or the government’s need for the property as evidence has ended; evidentiary burden

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Rodriguez-Ruiz v. Microsoft Operations Puerto Rico (District of Puerto Rico, 2020)

Key Insight: Social media posts are generally not protected by privacy concerns, but discovery of social media posts do need to be limited and proportional to the case’s needs

Nature of Case: Wrongful termination

Electronic Data Involved: Social media posts

Keywords: Privacy, Facebook, Microsoft, wrongful termination, ADA, social media

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Shelton v. Fast Advance Funding, LLC (3rd Circuit, 2020)

Key Insight: defendant argued that it had no obligation to respond to timely discovery requests because the due date of the discovery was after the discovery deadline.

Nature of Case: telemarketing violation

Electronic Data Involved: requests for admission

Keywords: discovery deadline, requests for admission

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Vaks v. Quinlan, et al. (District of Massachusetts, 2020)

Key Insight: plaintiff violated the protective order by filing a pleading attaching confidential documents

Nature of Case: employment discrimintation

Electronic Data Involved: confidential documents protected under the protective order

Keywords: protective order, confidentiality

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Grande v. U.S. Bank National Association, et al (Western District of Washington, 2020)

Key Insight: Defendants here have not described any harm that would result from producing the guidelines and have not sought a protective order, the Court declines to find the documents so confidential that they cannot be produced

Nature of Case: bad faith and fraudulent banking

Electronic Data Involved: general discovery responses, voicemails, loan documents, loan history, and communications

Keywords: fraud, trade secrets, incomplete responses, bad faith

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Allscripts Healthcare, LLC v. DR/Decision Resources, LLC d/b/a Decision Resources Group (District of Massachusetts, 2020)

Key Insight: enhancement of protective order to ensure heightened confidentiality of one document.

Nature of Case: breach of contract and false and misleading statements

Electronic Data Involved: confidentiality of proprietary aggregate data product

Keywords: protective order, heightened confidentiality

View Case Opinion

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