Key Insight: can provision 1782(a) be extended to use in private arbitration
Nature of Case: supply-chain logistics
Electronic Data Involved: use of discovery in private arbitration
Keywords: private arbitration, tribunal, provision 1782(a)
Key Insight: failing to produce ESI in native format with associated metadata.
Nature of Case: Civil action for deprivation of rights
Electronic Data Involved: PDF documents
Keywords: Metadata, native format, ESI in native format
Key Insight: Protective Order in place regarding source code. Defendant asked for portion to be printed, which was refused. Plaintiff was ordered to produce requested source code.
Nature of Case: Unlawful Use of Information
Electronic Data Involved: Source Code, Log Files, File Directory
Keywords: Source Code; Protective Order
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
Key Insight: Form of production inadequate but can be remedied by providing table of contents
Nature of Case: Breach of contract
Electronic Data Involved: emails and business records
Keywords: mode of production
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
Key Insight: Documents produced without metadata did not have natural organization that made finding documents reasonably possible. Burden of showing natural organization is proper rests on party producing documents.
Nature of Case: Civil Rights – Wrongful Conviction
Electronic Data Involved: Various ESI
Keywords: Organization; usual course of business; metadata or identifying information
Key Insight: Producing illegible, blurry, or documents in an obscure file format may require reproduction of legible versions of the documents and the costs of the motion to compel that production are on the at-fault party
Nature of Case: Contract dispute
Electronic Data Involved: Electronic documents
Keywords: Quality, blurry, black and white, color, mbox
Key Insight: Request to reproduce documents in a format conforming to rules is not unreasonable, native (usual course of business) format does not entitle a party to all metadata (must be requested specifically)
Nature of Case: Insurance coverage litigation
Electronic Data Involved: Electronic documents (metadata)
Keywords: PDF, native, format, usual course of business, metadata
Key Insight: By not timely objecting to producing metadata and producing PDFs, party was ordered to reproduce files in native format as objection was waived
Nature of Case: Construction contract
Electronic Data Involved: Electronic documents (construction records)
Keywords: Native, construction, metadata
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