Tag: ESI Protocol

1
Alston v. Park Pleasant (3rd Circuit, 2017)
2
Davine v. Golub Corp. (Massachusetts District, 2017)
3
Simon v. Northwestern Univ., No. 1:150CV01433, 2017 WL 467677 (N.D. Ill. Feb. 3, 2017)
4
Brand Services, LLC v. Irex Corp. (E.D. La., 2017)
5
Ortega v. Management and Training Corp. (D. N.M., 2017)
6
Oracle America, Inc. v. Google, Inc. (ND Cal, 2016)
7
First Niagara Risk Management, Inc. v. Folino, No. 16-1779 (E.D. Pa. Aug. 11, 2016).
8
Digital Ally, Inc. v. Utility Associates, Inc. (District Court of Kansas, 2016)
9
Granados v. Traffic Bar and Restaurant, Inc. (S.D.N.Y., 2015)

Alston v. Park Pleasant (3rd Circuit, 2017)

Key Insight: No spoliation because no bad faith found when party did not retain records after selling assets (including computers)

Nature of Case: workplace discrimination, disability rights

Electronic Data Involved: unspecified electronic records

Keywords: Rule 37(e) ignored,

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Davine v. Golub Corp. (Massachusetts District, 2017)

Key Insight: Predictive coding models are legitimate, and document review can stop when the burden outweighs the benefits.

Nature of Case: wage and hour class action

Electronic Data Involved: archived email

Keywords: privilege log, predictive coding,

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Simon v. Northwestern Univ., No. 1:150CV01433, 2017 WL 467677 (N.D. Ill. Feb. 3, 2017)

Key Insight: Compelling ESI prematurely is not needed if the records will be preserved throughout litigation

Nature of Case: malicious prosecution

Electronic Data Involved: emails, documents

Keywords: Scope of ESI search terms, willingness to produce

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Brand Services, LLC v. Irex Corp. (E.D. La., 2017)

Key Insight: How much access of a party’s electronic information system does rule 34(a) give a party?

Nature of Case: Trade secrets

Electronic Data Involved: Responsive documents

Keywords: ESI protocol, Forensic images, overly broad

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Oracle America, Inc. v. Google, Inc. (ND Cal, 2016)

Key Insight: Oracle’s lawyers did not read the ESI produced to them, and instead accused Google of withholding critical evidence (that had been produced).

Nature of Case: Copyright infringement.

Electronic Data Involved: ESI produced by Google.

Keywords: This case shows the critical importance of electronic document review. Discovery-concealment misconduct.

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First Niagara Risk Management, Inc. v. Folino, No. 16-1779 (E.D. Pa. Aug. 11, 2016).

Key Insight: Responding party’s ability to choose search methods is not above rule of proportionality.

Nature of Case: Breach of Contract/Breach of Fiduciary Duty Action

Electronic Data Involved: Personal and business electronic devices

Keywords: “search criteria” “access[ability]” “uncovered evidence” “limit[ing] searches” “shielding” “Sedona”

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Digital Ally, Inc. v. Utility Associates, Inc. (District Court of Kansas, 2016)

Key Insight: whether stating that “ESI request is not relevant or proportional” is not sufficient.

Nature of Case: breach of contract

Electronic Data Involved: emails

Keywords: informal internal emails

Identified State Rule(s): D. Kan. 37(2)

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Granados v. Traffic Bar and Restaurant, Inc. (S.D.N.Y., 2015)

Key Insight: if sanctions can be granted for inconsistent and incomplete response from opposing party

Nature of Case: violations of the Fair Labor Standards Act and the New York Labor Law

Electronic Data Involved: initial interrogatories and verifications

Keywords: spoliation, sanctions, default judgment, defunct business, unreachable party

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