Tag: Adequacy of Search/Identification or Collection

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United States v. Norris (9th Circuit, 2019)
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Abdul Latif Jameel Transportation Company Limited v. FedEx Corporation, No. 19-5315 (US Court of Appeals 6th Circuit. , 2019)
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Saulsberry v. Savannah River Remediation, LLC, (D. S.C., 2019)
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Stone Brewing Co., LLC v. MillerCoors LLC (Southern District of California, 2019)
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Ekweani v. American Express Travel Related Services Company, Inc. – 18-16925 (Ct. App. 9th Cir., 2019)
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In The Matter of the Search of A White Google Pixel 3 XL Cellphone in a Black Incipio Case (District of Idaho, 2019)
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United States v. Connelly (S.D. New York, 2019)
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ICTSI Oregon, Inc. v. International Longshore and Warehouse Union (District of Oregon, 2019)
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Lareau v. Nw. Med. Ctr., No. 2:17-cv-81 (D. Vt. Mar. 27, 2019)
10
Edwards v. 4JLJ, LLC, No. 2:15-CV-299 (S.D. Tex. Jan. 11, 2019)

United States v. Norris (9th Circuit, 2019)

Key Insight: Whether accessing a person’s information through an IP address being wired through an outside router is a violation of the 4 amendment

Nature of Case: criminal – possession and distribution of child pornography

Electronic Data Involved: IP address and location

Keywords: search and seizure, IP address, wireless router, subjective expectation of privacy

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Abdul Latif Jameel Transportation Company Limited v. FedEx Corporation, No. 19-5315 (US Court of Appeals 6th Circuit. , 2019)

Key Insight: Whether the private arbitration panel in this case is considered a “foreign or international tribunal” and therefore whether discovery may be ordered under section 1782(a)

Nature of Case: contract dispute, application for arbitration discovery

Electronic Data Involved: arbitration discovery and “foreign or international tribunal”

Keywords: arbitration, ordered discovery, “foreign or international tribunal”

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Stone Brewing Co., LLC v. MillerCoors LLC (Southern District of California, 2019)

Key Insight: Requests for Production; marketing materials; Unreasonably cumulative or duplicative

Nature of Case: Trademark Infringement

Electronic Data Involved: Hard copy; Historical records; on-site inspection; Marketing materials (documents, recordings, video, displays, etc.)

Keywords: Discovery violations; adequacy of discovery responses; Vague/overbroad/burdensome/ not calculated to lead to discovery of documents relevant to claims or defenses; proportionality; access; costs/Attorney’s fees; resources; “Senior user”; Cherrypicking; Evidentiary preclusion; Court order; Representative samples

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Ekweani v. American Express Travel Related Services Company, Inc. – 18-16925 (Ct. App. 9th Cir., 2019)

Key Insight: Whether the plaintiffs were prejudiced by not being permitted to request additional discovery

Nature of Case: petition to vacate arbitration award

Electronic Data Involved: general additional discovery

Keywords: prejudice, vacate award,

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In The Matter of the Search of A White Google Pixel 3 XL Cellphone in a Black Incipio Case (District of Idaho, 2019)

Key Insight: whether a serach warrant can require someone to be forced to unlock a phone with their finger

Nature of Case: search warrant, violation of 5th amendment

Electronic Data Involved: forensic search of a cell phone that is locked with a fingerprint

Keywords: cellphone, fingerprint scanner, 5th amendment rights

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United States v. Connelly (S.D. New York, 2019)

Key Insight: internal investigations of private companies heavy pressure from the government creates coercive evidence

Nature of Case: criminal case, wire fraud and conspiracy to commit wire fraud and bank fraud

Electronic Data Involved: internal investigations requested by the DOJ and government entities

Keywords: internal investigation, government, DOJ

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ICTSI Oregon, Inc. v. International Longshore and Warehouse Union (District of Oregon, 2019)

Key Insight: Witness deposition on electronic discovery must have “painstaking specificity” on the particular subject areas that are intended to be questioned.

Nature of Case: Labor-Management Relations Act (secondary boycott activities)

Electronic Data Involved: Notebooks and calendars

Keywords: Sanctions, union,

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Lareau v. Nw. Med. Ctr., No. 2:17-cv-81 (D. Vt. Mar. 27, 2019)

Key Insight: parties unable to identify search terms that satisfy court direction for “appropriate search terms.” Attorney is not required to offer opposing counsel his or her own ideas about how to narrow a particular search.

Nature of Case: wrongful termination

Electronic Data Involved: approximately 24,000 emails

Keywords: reasonable scope, search terms, format, sampling

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Edwards v. 4JLJ, LLC, No. 2:15-CV-299 (S.D. Tex. Jan. 11, 2019)

Key Insight: Sanctions and shifted burden of proof imposed for failure to produce with intent to deprive.

Nature of Case: Discovery abuse sanctions

Keywords: spoliation, intent to deprive, sanctions, burden of proof shift, bad faith

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