Key Insight: Expenses responding to a subpoena also include fees spent on narrowing scope and litigation about the subpoena
Nature of Case: Discovery dispute
Keywords: Subpoena, reimbursement, third-party, cost shifting
Key Insight: requiring creation of new documents, proportionality
Nature of Case: breach of contract
Electronic Data Involved: electronic records
Keywords: timeliness, relevance, raw data, create, creation of documents, cost-shifting, preclusion order
Identified Local Court Rule(s): Loc. Civ. R. 37.1
Key Insight: Defendant’s production was held to be inadequate due to only producing 1k out of tens of thousands, and not providing a signed verification that the production was full and complete.
Nature of Case: Contract
Electronic Data Involved: financial records, documents
Keywords: inadequate production, signed verification, trade secrets
Key Insight: Defendant incurred costs that were “reasonable and necessary to the litigation” via a “time consuming process”, and thus were awarded the costs from the opposing party.
Nature of Case: Violation of the Credit Card Act, class action
Electronic Data Involved: Wide range of documents
Keywords: Predictive coding, seed set, “reasonable and necessary”, Predictive coding cost
Key Insight: Defendant claimed reviewing 363,000 emails would be unduly burdensome. Court rules that even the expected responsiveness rate of between 8.3% and 15% meant it would be valuable. Court required defendant to review the emails and denied cost shifting requested by defendant.
Nature of Case: Employment Discrimination
Electronic Data Involved: Email
Keywords: burdensome, responsiveness, proportionality
Key Insight: Inconvenient is not unreasonable or burdensome wrt e-discovery
Nature of Case: Employment discrimination
Electronic Data Involved: Emails
Keywords: smoking gun,
Key Insight: Sanctions because party violated court order to produce expert witness for deposition and didn’t notice until afterwards
Nature of Case: employee class action
Electronic Data Involved: expert witness deposition
Keywords: expert deposition, timing, subpoena , sanctions, expert witness, expert fees, court order violation
Key Insight: Provide only the information requested, especially if it is simple database records, additional work will not be compensated
Nature of Case: Horse Protection Act
Electronic Data Involved: Database records
Keywords: Horse, soring, cost-sharing
Key Insight: Intentional spoliation/persistent discovery misconduct can lead to sanctions well above the amount in dispute
Nature of Case: Intellectual Property (trademark infringement/counterfeit)
Electronic Data Involved: Electronic data
Keywords: Sanctions, proportionality, willfully, adverse inference
Key Insight: Boilerplate objections to discovery requests can lead to sanctions without being specifically tailored to the request
Nature of Case: Intellectual Property (patent and trademark infringement), breach of contract
Electronic Data Involved: Electronic data
Keywords: boilerplate, obstructionism, objections
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