Tag: ESI Protocol

1
Price v. Synapse Grp. Inc. (Southern District California, 2018)
2
Small v. Univ. Med. Ctr., No. 2:13-cv-0298-APG-PAL (D. Nev. Aug. 9, 2018)
3
In re Broiler Chicken Antitrust Litigation, No. 16 C 8637 (N.D. Ill. July 26, 2018)
4
People for the Ethical Treatment of Animals v. Tri-State Zoological Park of W. Md (Maryland District, 2018)
5
Youngevity International Corp. v. Smith (Southern District California, 2017)
6
Youngevity Int’l Corp. v. Smith, No. 16-cv-704-BTM-JLB (S.D. Cal. Dec. 21, 2017)
7
Fairholme Funds, Inc. v. United States, No. 1:13-cv-0465-MMS (Fed. Cl. Oct. 3, 2016)
8
Rembrandt Diagnostics, LP v. Innovacon, Inc., No. 3:16-cv-00698-CAB-NLS (S.D. Cal. Feb. 21, 2018)
9
T.D.P. v. City of Oakland (Northern District California, San Francisco Division, 2017)
10
Blasi v. United Debt Services (Souther District Ohio, Eastern Division, 2017)

Price v. Synapse Grp. Inc. (Southern District California, 2018)

Key Insight: A part protesting specific RFPs in an ESI stipulation must show why it is unduly burdensome

Nature of Case: class action unfair competition

Electronic Data Involved: audio files, hard-copy correspondence, archived email

Keywords: pre class certification discovery, ESI protocol, ESI Stipulation, proportionality

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Small v. Univ. Med. Ctr., No. 2:13-cv-0298-APG-PAL (D. Nev. Aug. 9, 2018)

Key Insight: Defendant’s failure to preserve and produce ESI responsive to plantiffs’ discovery requests.

Nature of Case: unpaid wages and overtime claims collective action

Electronic Data Involved: deleted electronic records, undecipherable codes, mobile device data, text messages

Keywords: adverse inference instruction, unintelligible, mockery of the orderly administration of justice

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In re Broiler Chicken Antitrust Litigation, No. 16 C 8637 (N.D. Ill. July 26, 2018)

Key Insight: Undue burden or cost of discovery alleged by defendant.

Nature of Case: antitrust class action

Electronic Data Involved: ESI searches upon 12 custodians

Keywords: Has not made a threshold showing, does not satisfy the rule 26(b)(2)(C) factors.

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People for the Ethical Treatment of Animals v. Tri-State Zoological Park of W. Md (Maryland District, 2018)

Key Insight: Parties cannot use the parts of allegedly work product matter helpful to their case and withhold the rest

Nature of Case: Endangered species act enforcement

Electronic Data Involved: audio, video, photos

Keywords: attorney work product, fact work product,

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Youngevity International Corp. v. Smith (Southern District California, 2017)

Key Insight: Lost ESI claim failed because there was no proof anything was lost and there was no clear duty to preserve.

Nature of Case: Misappropriation of trade secrets

Electronic Data Involved: archived email, facebook posts

Keywords: spoliation, lost ESI, duty to preserve

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Youngevity Int’l Corp. v. Smith, No. 16-cv-704-BTM-JLB (S.D. Cal. Dec. 21, 2017)

Key Insight: 4.2 million pages of keyword “”hit”” documents produced without review, but designated “”Attorney Eyes Only.

Nature of Case: unfair competition

Electronic Data Involved: 4.2 million pages of keyword “”hit”” documents

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Fairholme Funds, Inc. v. United States, No. 1:13-cv-0465-MMS (Fed. Cl. Oct. 3, 2016)

Key Insight: 1500 documents withheld as privileged under procedures in FRE 502 (d);

Nature of Case: Fifth Amendment, taking private property without just compensation

Electronic Data Involved: 1500 documents

Keywords: quick peek, privileged, taking, unjust compensation

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Rembrandt Diagnostics, LP v. Innovacon, Inc., No. 3:16-cv-00698-CAB-NLS (S.D. Cal. Feb. 21, 2018)

Key Insight: demand for irrelevant and disproportionate evidence

Nature of Case: breach of patent agreement

Electronic Data Involved: 300 GB emails

Keywords: irrelevant, patent infringement, reasonable limits on discovery

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T.D.P. v. City of Oakland (Northern District California, San Francisco Division, 2017)

Key Insight: Keyword searching alone may not be sufficient and can be aided by strategies like predictive coding

Nature of Case: civil rights, fourth amendment

Electronic Data Involved: text messages, social media posts

Keywords: keyword searching, predictive coding

View Case Opinion

Blasi v. United Debt Services (Souther District Ohio, Eastern Division, 2017)

Key Insight: Party that does not dispute it spoliated ESI should be sanctioned

Nature of Case: consumer protection class action

Electronic Data Involved: deleted electronic records

Keywords: spoliation sanctions, deleted electronic records

View Case Opinion

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