Key Insight: Given the tremendous volume of information accumulated in claims database and defendant’s claimed inability to segregate claims based on various attributes, court ordered parties to develop sampling protocol to obtain examples of claims files that involved issue similar to that in the litigation
Nature of Case: Reinsurance dispute
Electronic Data Involved: Claims database
Key Insight: Where defendant demonstrated that serious questions existed both as to the reliability and the completeness of materials produced in discovery by plaintiff, including the possible alteration of email, court concluded that forensic examination of defendant’s hard drives was warranted; court ordered counsel for the parties to meet and confer regarding a protocol for the imaging and subsequent production of responsive documents
Nature of Case: Misappropriation of trade secrets
Electronic Data Involved: Hard drives; email
Key Insight: Where defendant had not previously understood that its obligation to search for responsive documents extended to email accounts, but counsel had taken steps to rectify the situation, court denied plaintiff?s demand that defendant be compelled to produce an affidavit describing its document search and collection processes, and instead ordered defendant to provide a verified statement signed by a responsible corporate official that defendant made a good faith search for responsive material and that all responsive, non-privileged documents were produced
Nature of Case: Trademark infringement
Electronic Data Involved: Email
Key Insight: Court denied plaintiffs’ motion to compel production of email from over 450 employees, finding the request unduly burdensome and not necessary or appropriate for class certification discovery; search was estimated to cost between $600,000 and $1,181,700, and the 21 search terms selected by plaintiffs were likely too common (e.g., ?dollars,? ?complaint,? and ?services?)
Nature of Case: Consumer class action
Electronic Data Involved: Email
Key Insight: Court denied motion for entry of default as discovery sanction but ordered defendant to provide a printout of data relevant to the pertinent time period, noting that, although original printouts underlying certain reports no longer existed, the data used to create them still existed in the database and was accessible, and the reports could be recreated, even if not exactly. The court elaborated: “It may in fact be the database, like some sort of digital organism, changes over time. But it does not follow that the critical underlying information is no longer obtainable at all. Perhaps the information utilized . . . in preparing the reports can no longer be reproduced identically . . . But it does not follow that there cannot be some reasonable approximation that will give to the plaintiff the information ordered be produced.”
Nature of Case: Personal injury product liability
Electronic Data Involved: Database reports
Key Insight: Although it concluded that default judgment against former general counsel was not warranted, court found that discovery misconduct of former general counsel and its attorneys bordered on obstruction and awarded trustee its reasonable attorneys fees and costs in pursuing all discovery in the proceeding
Nature of Case: Bankruptcy trustee sued debtor’s former general counsel for breach of fiduciary duty and related claims
Electronic Data Involved: Computer systems and electronic records
Key Insight: In case where parties disputed whether arbitration agreement applied to plaintiff and motion on the issue was pending, court allowed limited discovery and ordered defendant to choose up to 10 individuals whose files (electronic or otherwise) would be searched for information falling within certain categories
Nature of Case: Patent infringement
Electronic Data Involved: Email
Key Insight: Where plaintiff provided only partial production and made false representations to court about non-existence of responsive documents, court imposed monetary sanctions and would deem as true certain contentions
Nature of Case: Trademark infringement
Electronic Data Involved: Email concerning customer communications
Key Insight: Court imposed monetary sanctions, ordered defendant to submit to Rule 30(b)(6) deposition regarding its efforts to locate and produce responsive documents, and ordered defendant to produce key player’s computer for inspection by plaintiff, where evidence showed that the home and/or work computers of a key player and several witnesses had not been searched for responsive documents
Nature of Case: Employment discrimination
Electronic Data Involved: Hard drive; computerized records
Key Insight: Magistrate judge was within his discretion to order that original discs be produced for computer expert’s inspection and copying so that all parties could be satisfied as to the authenticity and integrity of the copies provided
Nature of Case: Employment discrimination
Electronic Data Involved: Computer discs onto which plaintiff had copied various files of defendant
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