Tag: ESI Protocol

1
Carrington v Graden, (S.D.N.Y. 2020)
2
In re Mercedes-Benz Emissions Litig. (District of NJ, 2020)
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Shotwell, et al. v. Zillow Group Inc., et al. (Western Washington, 2019)
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Hardin v. Mendocino Coast District Hospital et al (N.D. Cal. , 2019)
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Smith v. TFI Family Services (Kansas, 2019)
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Crosmun v. Trustees of Fayetteville Technical Community College (N.C. Ct. App., 2019)
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Marsulex Environmental Technologies v. Selip S.P.A. (District Court of Middle Pennsylvania, 2019)
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Abbott Laboratories, et al. v. Adelphia Supply USA, et al. (E.D.N.Y., 2019)
9
Arconic Inc. v. Novelis Inc. (Western District of PA , 2019)
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Barker v. Insight Glob., LLC, No. 16-cv-07186-BLF (VKD) (N.D. Cal. Feb. 13, 2019).

Carrington v Graden, (S.D.N.Y. 2020)

Key Insight: Plaintiff was discovered to have fabricated emails. Court awarded over $500,000 in damages to Defendant.

Nature of Case: antitrust litigation

Electronic Data Involved: Emails

Keywords: sanctions,m fabricated evidence

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In re Mercedes-Benz Emissions Litig. (District of NJ, 2020)

Key Insight: dispute over search terms meant to identify documents

Nature of Case: environmental litigation

Electronic Data Involved: all discovery, search term protocol

Keywords: search term protocol, predictive coding, technology assisted review,

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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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Crosmun v. Trustees of Fayetteville Technical Community College (N.C. Ct. App., 2019)

Key Insight: whether ESI protocol order directing party to turn over potentially privileged information without chance for review proper

Nature of Case: Retaliation – NC Whistleblower Protection Act

Electronic Data Involved: Backup and deleted records located on work computers and servers

Keywords: privilege; involuntary waiver

Identified State Rule(s): N.C. R. Civ. P. 26(b)

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Marsulex Environmental Technologies v. Selip S.P.A. (District Court of Middle Pennsylvania, 2019)

Key Insight: whether failure of preserve documents is proof of lost relevant documents for 37(e) sanctions

Nature of Case: Strict product liability

Electronic Data Involved: deleted electronic records

Keywords: superficial cracks

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Abbott Laboratories, et al. v. Adelphia Supply USA, et al. (E.D.N.Y., 2019)

Key Insight: whether terminating sanctions are appropriate where party engaged in discovery misconduct, including intentionally limiting search terms to exclude documents

Nature of Case: Trademark, Unfair Competition

Electronic Data Involved: documents

Keywords: sanctions, terminate, discovery misconduct, removed document, fraud on the court

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Arconic Inc. v. Novelis Inc. (Western District of PA , 2019)

Key Insight: whether documents lose their privilege when there was limited effort to prevent their disclosure

Nature of Case: patent infridgement and violation of trade secrets

Electronic Data Involved: privileged documents requested back via a clawback agreement

Keywords: clawback, privilege, privilege review, search terms

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Barker v. Insight Glob., LLC, No. 16-cv-07186-BLF (VKD) (N.D. Cal. Feb. 13, 2019).

Key Insight: Parties did not explicitly discuss format of production. Court directed parties to meet and confer.

Nature of Case: Compensation and non-solicitation pacts

Electronic Data Involved: Production Format

Keywords: Format of production, native files

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