Key Insight: Converting native documents to a specified type not objected to in an earlier order is not overly burdensome
Nature of Case: Corn litigation
Electronic Data Involved: Electronic documents
Keywords: Corn, TIFF, native format, bates stamping
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
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
Key Insight: Whether US based discovery can be used in a foreign proceeding
Nature of Case: 28 U.S.C. 1782 request for US based Discovery to be used in a foreign proceeding
Electronic Data Involved: Business documents
Keywords: US based discovery, foreign proceeding, serve document subpoenas
Key Insight: Documents produced on eve of deposition allowed for second deposition; text messages of employees not unduly burdensome; Financials in PDF form were OK assuming they were native format
Nature of Case: Fraudulent Inducement
Electronic Data Involved: Excel Spreadsheets/PDF; Text Messages
Keywords: incomplete production; native production; Proportionality
Key Insight: reproduction of files in TIFF format, review production for responsiveness
Nature of Case: False Claims Act
Electronic Data Involved: emails, electronically stored documents, transaction data
Keywords: TIFF, native format, overly burdensome, technology assisted review, TAR, Image Files, Bates number
Key Insight: whether there was accessibility problems or undue burden or cost associated with turning over phones and computers for forensic imaging; also, whether it was sufficient to have plaintiff’s employee’s conduct a search for responsive ESI
Nature of Case: breach of contract, tortious interference
Electronic Data Involved: e-mails, phone messages, physical computers and cellphones and their data
Keywords: “former business relationship”, “information may be discoverable even if not ultimately admissible into evidence”, “Allstate, however, agreed to produce responsive information within its custody”
Key Insight: Courts should be less involved in discovery dispute regarding ESI despite recent FRCP amendments
Nature of Case: Labor Standards Class Action
Electronic Data Involved: third party electronic payroll data
Keywords: FRCP 2015 amendments, electronically readable fomat
Key Insight: sanctions
Nature of Case: class action
Electronic Data Involved: source code
Keywords: sanctions, material misrepresentation, attorney’s fees, expert fees, costs, inherent authority
Key Insight: Court granted motion to compel production of requested ESI in native format: ?Native format production also complies with the Federal Rules of Civil Procedure and this case?s ESI order. Moreover, the Court finds that metadata and native format production are relevant and proportional to the needs of discovery. It is untenable to assert in this technology-driven age of litigation that images of electronic documents provided in TIFF and PDF form offer all of the relevant information possible. The metadata that is not visible in TIFF and PDF productions, but is visible in native format production, is relevant information. Therefore, the Court GRANTS Plaintiff?s motion on this issue.?
Nature of Case: Employment litigation
Electronic Data Involved: ESI
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