Tag: ESI Protocol

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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)
4
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)
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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).
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DR Distrib., LLC v. 21 Century Smoking, Inc. (N.D. Ill., 2019)
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In Re Green Terrace Condo, Association, Inc. (Bankruptcy, S.D. Florida, 2018)
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UMG Recordings, Inc. v. Grande Comuns. Networks, LLC (W.D. Tex., 2018)

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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DR Distrib., LLC v. 21 Century Smoking, Inc. (N.D. Ill., 2019)

Key Insight: Plaintiffs object to dismissal of a counterclaim against them because Defendant’s desire to dismiss the claim is related to loss of relevant ESI

Nature of Case: defamation, trademark infringement

Electronic Data Involved: E-mail, instant messages

Keywords: counterclaim, motion to amend, diligent, dismissal

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In Re Green Terrace Condo, Association, Inc. (Bankruptcy, S.D. Florida, 2018)

Key Insight: Whether insufficient care with selection of search terms, which resulted in the withholding of relevant emails amounts to spoilation

Nature of Case: bankruptcy

Electronic Data Involved: emails

Keywords: insufficient care, search terms, spoilation

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UMG Recordings, Inc. v. Grande Comuns. Networks, LLC (W.D. Tex., 2018)

Key Insight: Should a party conduct a relevance review before returning requested discovery to the opposing side?

Nature of Case: Copyright

Electronic Data Involved: e-mails

Keywords: relevancy review, ESI, search terms

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