Tag: Data Preservation

1
Digital Mentor, Inc. v. Ovivo USA, LLC (Western District of Washington, 2020)
2
Nguyen v. Costco Wholesale Corp. (District of South Florida, 2020)
3
Healthplan Serv., Inc. v. Dixit, et al (M.D. Florida, 2019)
4
Center for Auto Safety et al. v. Goodyear Tire & Rubber Company (Arizona Court of Appeals, 2019)
5
Shotwell, et al. v. Zillow Group Inc., et al. (Western Washington, 2019)
6
Schmidt v. Shifflett, 1:18-cv-00663-KBM-LF (D.N.M. Aug. 6, 2019).
7
Boehm v. Pure Debt Solutions Corporation – 8:19-cv-00117-LSC-CRZ (District of Nebraska, 2019)
8
Guarisco v. Boh Brothers Construction, No. 18-7514 (E.D. La. Oct. 3, 2019).
9
Cruz v. G-Star Inc., No. 17 Civ. 7685 (PGG) (S.D.N.Y. Sept. 30, 2019)
10
In re Application to Obtain Discovery for Use in Foreign Proceedings (6th Circuit, 2019)

Digital Mentor, Inc. v. Ovivo USA, LLC (Western District of Washington, 2020)

Key Insight: Failure to produce; Sanctions; Proportionality

Nature of Case: Trademark & Copyright infringement

Electronic Data Involved: Hard copy; correspondence; email

Keywords: “Functional employee”; Consultant; Third-party communications; Privilege; Spoliation; Unfair prejudice; Attorney’s fees and costs; Proportionality; Access/Resources;

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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)

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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

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Schmidt v. Shifflett, 1:18-cv-00663-KBM-LF (D.N.M. Aug. 6, 2019).

Key Insight: Severe sanctions will not be granted where bad faith cannot be proved and no prejudice.

Nature of Case: Automobile collision.

Electronic Data Involved: Mobile phone data.

Keywords: intentional destruction, adverse inference

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Boehm v. Pure Debt Solutions Corporation – 8:19-cv-00117-LSC-CRZ (District of Nebraska, 2019)

Key Insight: preservation of data for future discovery in class action.

Nature of Case: Violation of Telephone Consumer Protection Act

Electronic Data Involved: data or documents that may be relevant to a putative class action.

Keywords: preservation, class action, third-party preservation

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Guarisco v. Boh Brothers Construction, No. 18-7514 (E.D. La. Oct. 3, 2019).

Key Insight: Party could still be sanctioned to pay expert fees where party unsuccessfully altered evidence.

Nature of Case: Automobile accident.

Electronic Data Involved: Photographs and videos.

Keywords: “altering” “deleting” “deliberate[ly]” “computer scientist” “Facebook post”

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Cruz v. G-Star Inc., No. 17 Civ. 7685 (PGG) (S.D.N.Y. Sept. 30, 2019)

Key Insight: Plaintiff never articulated claims that would make reasonable person believe lawsuit was likely. No duty to preserve had yet attached when Plaintiff when to HR.

Nature of Case: Discrimination

Electronic Data Involved: emails and SAP account

Keywords: Imminent litigation; adverse inference

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