Tag: Motion for Preservation Order

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Shotwell, et al. v. Zillow Group Inc., et al. (Western Washington, 2019)
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Pacific Biosciences of California, Inc. v. Oxford Nanopore Technologies, Inc. et al. (District of Delaware, 2019)
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Boehm v. Pure Debt Solutions Corporation – 8:19-cv-00117-LSC-CRZ (District of Nebraska, 2019)
4
Bellenger v. Accounts Receivable Management, Inc. (S.D. Fla, 2019)
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Scarbrough v. Virginia College, LLC (District Court of Northern District of Alabama, 2019)
6
Brooks Sports, Inc. v. Anta (China) Co., Ltd. 1:17-cv-01458 (E.D. Virginia, 2018)
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TLS Management & Marketing Services, LLC v. Mardis Financial Services, Inc., et al. – 3:14-cv-00881 (Southern District of Mississippi, 2018)
8
Houston v. Coveny, No. 14-cv-6609, 2017 WL 972124 (W.D.N.Y. Mar. 13, 2017)
9
OOO Brunswick Rail Mgmt. v. Sultanov (N.D. Cal., 2017)
10
Pennsylvania Public School Employees Retirement System v. Bank of America (District Court of Southern District of New York, 2016)

Shotwell, et al. v. Zillow Group Inc., et al. (Western Washington, 2019)

Key Insight: detailed stipulation of the discovery plan

Nature of Case: violation of the securities exchange act

Electronic Data Involved: all relevant discovery

Keywords: stipulation, discovery plan

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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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Boehm v. Pure Debt Solutions Corporation – 8:19-cv-00117-LSC-CRZ (District of Nebraska, 2019)

Key Insight: preservation of data for future discovery in class action.

Nature of Case: Violation of Telephone Consumer Protection Act

Electronic Data Involved: data or documents that may be relevant to a putative class action.

Keywords: preservation, class action, third-party preservation

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Bellenger v. Accounts Receivable Management, Inc. (S.D. Fla, 2019)

Key Insight: whether discovery requests are overbroad

Nature of Case: Class Action alleging violations of the Telephone Consumer Protection Act

Electronic Data Involved: documents listing people requesting not to be called and people that were called incorrectly, and people who did not have contracts with teh Defendant.

Keywords: overbroad, discovery requests, protective order, motion to compel

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Scarbrough v. Virginia College, LLC (District Court of Northern District of Alabama, 2019)

Key Insight: whether giving compelling reason is necessary for the court to supplement an order to obey the law

Nature of Case: breach of contract

Electronic Data Involved: employment records and emails

Keywords: receivership estate, mass layoffs

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Brooks Sports, Inc. v. Anta (China) Co., Ltd. 1:17-cv-01458 (E.D. Virginia, 2018)

Key Insight: Failure to produce discovery and making misrepresentations about the nature and content of documents so as to not produce them.

Nature of Case: trademark infringement

Electronic Data Involved: business documents, text messages, personal messages of employees.

Keywords: Compel, “chinese privacy law” misrepresentation,

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TLS Management & Marketing Services, LLC v. Mardis Financial Services, Inc., et al. – 3:14-cv-00881 (Southern District of Mississippi, 2018)

Key Insight: was data not preserved and therefore lost in bad faith?

Nature of Case: breach of contract, tortious business interference, unfair competition, trade secrets law, etc

Electronic Data Involved: Business documents, information about business strategy, clients and products.

Keywords: preservation, bad faith, destroyed data.

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Houston v. Coveny, No. 14-cv-6609, 2017 WL 972124 (W.D.N.Y. Mar. 13, 2017)

Key Insight: Court granted motion for preservation order as to relevant audio and video recordings reasoning that a court ?may grant a preservation order if a party can demonstrate that the evidence is in some danger of being destroyed absent court intervention? and that in light of the Department of Corrections and Community Supervision retention policy such an order was appropriate to ensure preservation through the pendency of the case

Electronic Data Involved: Audio and video recordings

OOO Brunswick Rail Mgmt. v. Sultanov (N.D. Cal., 2017)

Key Insight: necessity of preservation order

Nature of Case: misappropriation of trade secrets

Electronic Data Involved: laptop, mobile phone, email

Keywords: email providers, deleted emails, significant concerns, threats to preservation, capability to preserve, irreparable harm, ex parte, seizure order, expedited discovery

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Pennsylvania Public School Employees Retirement System v. Bank of America (District Court of Southern District of New York, 2016)

Key Insight: whether billing temporary contract attorneys at the firm’s standard rates is excessive to award attorney fees

Nature of Case: Securities action

Electronic Data Involved: n/a

Keywords: attorney fees, lodestar, temporary associates

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