Key Insight: Terminating sanctions for alleged email spoliation is premature without compelling the documents 1st
Nature of Case: copyright infringement
Electronic Data Involved: deleted emails
Keywords: software copyright, accelerated email retention policy, terminating sanctions
Key Insight: spoliation sanctions
Nature of Case: breach of contract
Electronic Data Involved: e-mails
Keywords: duty to preserve, automatic deletion, permissive spoliation instruction, intent to deprive, spoliation, 37(e)(2)
Key Insight: spoliation, FRCP 37(e)
Nature of Case: Trademark infringement, unfair competition, breach of contract
Electronic Data Involved: hard copy, email, other ESI
Keywords: oral litigation hold, duty to preserve, destroyed paper files, sanctions, legal hold, sufficient procedures, bad faith, relevance, rule amendment, server migration, negligence, bad faith, gross negligence
Key Insight: Forged Skype conversation does not terminate case, but leads to attorney’s fees and adverse inference
Nature of Case: Trademark infringement
Electronic Data Involved: Skype conversation
Keywords: Skype, forgery, GoPro, ABYSS
Key Insight: Sanctions are inappropriate where deleted emails were recovered
Nature of Case: first amendment
Electronic Data Involved: emails, deleted electronic records
Keywords: deleted emails, recovering deleted records
Key Insight: Preservation
Nature of Case: Civil rights /Sec. 1983
Electronic Data Involved: ESI; Video
Keywords: Inmate; Excessive force; Preservation;
Key Insight: Spoliation of text messages, negligent spoliation, analysis under FRCP 37(e)
Nature of Case: Employment, wrongful termination, retaliation
Electronic Data Involved: Text messages
Keywords: Litigation hold, spoliation, text messages, 37(e), jury instruction,
Key Insight: spoliation sanctions
Nature of Case: general/professional liability
Electronic Data Involved: handwritten notes
Keywords: spoliation, two-factor test, institutional notice, relevance, adverse inference
Key Insight: duty to preserve, spoliation sanctions
Nature of Case: labor dispute
Electronic Data Involved: metadata, accountant summary, notebook pages, loose sheet records
Keywords: adverse inference instructions, prejudice, reasonably anticipate litigation, culpable state of mind
Key Insight: 4 deleted messages were lost, as they could not be recovered from other defendants
Nature of Case: right to surf free from harassment
Electronic Data Involved: text messages
Keywords: spoliation, duty to preserve
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