Key Insight: whether the government intentionally acted in a way that destroyed evidence
Nature of Case: copyright infringement
Electronic Data Involved: TETRA healthcare data federation software, hard drives, digital information
Keywords: spoliation, reasonable steps to preserve, decommissioning
Key Insight: Bifurcation of a pst file does not constitute destruction/spoliation
Nature of Case: Employment age discrimation
Electronic Data Involved: .pst file
Keywords: pst file, “whole, untouched, pristine condition”
Key Insight: Without intent, adverse inference cannot be granted in spoliation of evidence but lesser sanctions still can
Nature of Case: Wrongful termination,
Electronic Data Involved: Text messages
Keywords: duty to preserve, auction, preowned vehicles
Key Insight: Whether downloading spyware is sufficient circumstantial evidence could result sanction under rule 37(e)(2)
Nature of Case: computer fraud
Electronic Data Involved: deleted electronic records
Keywords: spyware, digital fingerprints
Key Insight: whether to wait eve of trial could undertake the necessary fact finding to resolve issues that the plaintiff raises
Nature of Case: Violation of TCPA
Electronic Data Involved: call records
Keywords: spreadsheet, dialing system
Key Insight: whether plaintiff has a duty preserve audio recordings prior to counter claims
Nature of Case: breach of contract
Electronic Data Involved: Audio recordings
Keywords: trespass to chattels, conspiracies, replevin
Key Insight: failure to preserve electronically stored information. Claim that no spoliation occurred because records are available from 3rd parties. Under 37(e), information is lost only if it is irretrievable from another source.
Nature of Case: Improper business practices
Electronic Data Involved: google email accounts and electronic dealer management system records
Keywords: failure to preserve. “it cannot be restored or replaced through additional discovery.” FRCP 37(e)
Key Insight: Lack of action taken is not a reasonable step to maintain evidence and can lead to spoliation sanctions
Nature of Case: Employment/breach of contract
Electronic Data Involved: Email, text messages
Keywords: 30 day deletion, InoSpine
Key Insight: ESI protocol agreed to by parties precluded EEOC from arguing other tapes were spoiled since Defendant complied with protocol.
Nature of Case: Employment Discrimination
Electronic Data Involved: E-mails and Documents regarding employee hotline
Keywords: Spoilation; Agreements between Parties
Key Insight: Rule 45 subpoena to defendant upheld and party warned over boilerplate objections
Nature of Case: Trade Secret Misappropriation
Electronic Data Involved: documents
Keywords: judge warns of sanctions
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