Tag: Format Of Production

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Carrington v Graden, (S.D.N.Y. 2020)
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US EEOC v The George Washington University (D.D.C. 2020)
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Vaks v. Quinlan, et al. (District of Massachusetts, 2020)
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Grande v. U.S. Bank National Association, et al (Western District of Washington, 2020)
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Allscripts Healthcare, LLC v. DR/Decision Resources, LLC d/b/a Decision Resources Group (District of Massachusetts, 2020)
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In re Mercedes-Benz Emissions Litig. (District of NJ, 2020)
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NY Machinery Inc., et al. v. The Korean Cleaners Monthly, et al (District of New Jersey, 2020)
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Kamuda v. Sterigenics U.S. LLC (Circuit Court of Cook County Illinois, 2020)
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Pacific Biosciences of California, Inc. v. Oxford Nanopore Technologies, Inc. et al. (District of Delaware, 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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US EEOC v The George Washington University (D.D.C. 2020)

Key Insight: Defendant was ordered to produce non-privileged emails responsive to RFP’s. Linear reivew proposed by Defendant wasn’t necessary and other paths existed. Concerns that potential production of privileged information was not enough to justify withholding. Defendant claimed a document by document review was needed, but court believed claw back provisions would be sufficient.

Nature of Case: employment discrimination

Electronic Data Involved: Email

Keywords: review process, 502, privilege

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Vaks v. Quinlan, et al. (District of Massachusetts, 2020)

Key Insight: plaintiff violated the protective order by filing a pleading attaching confidential documents

Nature of Case: employment discrimintation

Electronic Data Involved: confidential documents protected under the protective order

Keywords: protective order, confidentiality

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Grande v. U.S. Bank National Association, et al (Western District of Washington, 2020)

Key Insight: Defendants here have not described any harm that would result from producing the guidelines and have not sought a protective order, the Court declines to find the documents so confidential that they cannot be produced

Nature of Case: bad faith and fraudulent banking

Electronic Data Involved: general discovery responses, voicemails, loan documents, loan history, and communications

Keywords: fraud, trade secrets, incomplete responses, bad faith

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Allscripts Healthcare, LLC v. DR/Decision Resources, LLC d/b/a Decision Resources Group (District of Massachusetts, 2020)

Key Insight: enhancement of protective order to ensure heightened confidentiality of one document.

Nature of Case: breach of contract and false and misleading statements

Electronic Data Involved: confidentiality of proprietary aggregate data product

Keywords: protective order, heightened confidentiality

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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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NY Machinery Inc., et al. v. The Korean Cleaners Monthly, et al (District of New Jersey, 2020)

Key Insight: who bears the burden of paying for translation of foreign language documents

Nature of Case: unfair competition, false advertising, defamation, false light, trade libel, and tortious interference

Electronic Data Involved: foreign language documents

Keywords: foreign language, translation, machine translation, burden to pay

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Kamuda v. Sterigenics U.S. LLC (Circuit Court of Cook County Illinois, 2020)

Key Insight: whether a request for a specific format is an undue burden

Nature of Case:

Electronic Data Involved: documents produced in TIFF format versus native format

Keywords: undue burden, TIFF, native, cybersecurity

Identified State Rule(s): 214(b)

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Pacific Biosciences of California, Inc. v. Oxford Nanopore Technologies, Inc. et al. (District of Delaware, 2019)

Key Insight: public interest in court pleadings, discovery motions shouldn’t be redacted

Nature of Case: patent infringement

Electronic Data Involved: discovery pleadings

Keywords: sealing judicial record, discovery pleadings, burden to show disclosure would cause injury

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