Key Insight: whether a request for a specific format is an undue burden
Electronic Data Involved: documents produced in TIFF format versus native format
Keywords: undue burden, TIFF, native, cybersecurity
NY Machinery Inc., et al. v. The Korean Cleaners Monthly, et al (District of New Jersey, 2020)
Key Insight: who bears the burden of paying for translation of foreign language documents
Nature of Case: unfair competition, false advertising, defamation, false light, trade libel, and tortious interference
Electronic Data Involved: foreign language documents
Keywords: foreign language, translation, machine translation, burden to pay
Healthplan Serv., Inc. v. Dixit, et al (M.D. Florida, 2019)
Key Insight: withholding discovery on the basis that forensic imaging isn’t under the scope
Nature of Case: trade secrets, unfair trade practices, unfair competition
Electronic Data Involved: Defendant’s laptop and associated harddrives
Keywords: scrubbed metadata, forensic imaging, hard drives, scope of discovery, bad faith litigation
D.M. v. Wesley Med. Ctr. LLC (D. Kan, 2019)
Key Insight: Privileged docs based on only state law must be produced in a case with both federal and state claims
Nature of Case: Medical malpractice
Electronic Data Involved: Responsive documents
Keywords: Privilege, state law
Identified State Rule(s): K.S.A. section 65-4925(a)
Identified Federal Rule(s): FRCP 26(b)
Center for Auto Safety et al. v. Goodyear Tire & Rubber Company (Arizona Court of Appeals, 2019)
Key Insight: defendants perpetrated fraud and acted in bad faith when not disclosing test results of defective product
Nature of Case: product liability
Electronic Data Involved: product test results that were not disclosed
Keywords: fraud, bad faith, disclosure, confidentiality
Identified Local Court Rule(s): Maricopa county local practice rule 2.19, 5.4
Identified State Rule(s): 26(c)(1), 26(c)(1)(G), 26(c)(4)(A)
Commonwealth v. Davis (PA Supreme Court, 2019)
Key Insight: computer passwords/access, act of production
Nature of Case: Fifth Amendment violation (Criminal)
Electronic Data Involved: computer files
Keywords: “foregone conclusion” exception, password, search warrant, encryption, testimonial in nature, compulsion of mental processes
Identified State Rule(s): Pa.R.A.P. 313(b)
United States v. Beverly (Fifth Circuit, 2019)
Key Insight: warrant vs. warrantless obtaining of data
Nature of Case: Criminal – Motion to Suppress Evidence; Armed Bank Robbery and conspiracy
Electronic Data Involved: CSLI (Cell-site location information); toll records (Call detail records); Subscriber information; time-stamped records
Keywords: CSLI; Stored Communications Act Order; Warrant; Carpenter v. United States; Validity of warrant; Suppression; Bad Faith; Probable cause; Exclusionary Rule; Good-faith exception; Fourth Amendment; Third party doctrine /no expectation of privacy; Fruit of the poisonous tree
Forney v. Grand Island Chiropractic, P.C. (WDNY, 2019)
Key Insight: evidence of consent and opt-out must be presented in pre-discovery MSJ
Nature of Case: Telephone Consumer Protection Act (TPCA)
Electronic Data Involved: text messages
Keywords: pre-discovery summary judgment
Shotwell, et al. v. Zillow Group Inc., et al. (Western Washington, 2019)
Key Insight: detailed stipulation of the discovery plan
Nature of Case: violation of the securities exchange act
Electronic Data Involved: all relevant discovery
Keywords: stipulation, discovery plan
Grey Oaks Country Club, Inc. v. Zurich Am. Ins. Co., No. 2:18-cv-639-FtM-99NPM (M.D. Fla., 2019)
Key Insight: Plaintiff claimed Defendant had not fully compensated for loses. Defendant claimed all monies owed under insurance contract had been paid. When discovery still remains on issues on summary judgment, summary judgment is premature.
Nature of Case: Insurance Coverage Dispute
Electronic Data Involved: Various discovery responses related to damage amounts
Keywords: summary judgment