Key Insight: Defense counsel’s failure to produce computer records and to retain all drafts of settlement documents reflected lack of diligence rather than intentional effort to abuse discovery process; testimony of witness barred and $500 awarded as sanctions
Nature of Case: Sexual harassment
Electronic Data Involved: Computer records
Key Insight: Production request for all email to or from individual defendant during specified period was overly broad and burdensome, since plaintiff failed to justify the wholesale production of emails and failed to indicate why there would be relevant information concerning her claims in such emails
Nature of Case: Sex discrimination, negligent hiring and battery
Electronic Data Involved: Email
Key Insight: Plaintiff’s use of Cyberscrub data wiping software prior to court-ordered inspection of her computer and after agreeing on the record that she would not purge her hard drive or delete any documents, and her misrepresentations about age of hard drive, were not sufficiently egregious to warrant dismissal but did warrant an adverse inference instruction
Nature of Case: Sexual harassment and whistleblower claims by former employee
Electronic Data Involved: Hard drive of plaintiff’s personal computer
Key Insight: District court’s refusal to enforce subpoena seeking non-party’s research data affirmed
Nature of Case: Herbicide cancellation proceeding
Electronic Data Involved: Research data regarding toxicity studies of third party
Key Insight: Where defendant voluntarily divulged a privileged email communication at unemployment hearing and in response to discovery request, defendant waived any privilege with respect to the communication and to testimony and documents regarding the same subject matter; trial court erred in granting the defendant’s motion for return of the communication and for protective order, and in denying plaintiff’s motion to compel
Nature of Case: Wrongful discharge
Electronic Data Involved: Email
Key Insight: Plaintiff’s motion to compel copy of “list files” screen, which listed each document created by name or number, as well as the size of the document, the date on which it was created and the date on which it was last edited, granted where plaintiff demonstrated need to determine whether key documents were back-dated
Nature of Case: Wrongful termination (discrimination based on race/national origin)
Electronic Data Involved: Copy of “list files” screen showing details of files on computer of individual defendant
Key Insight: Defendant’s response to (overbroad) document request, which directed requesting party to defendant’s web site where relevant HR policies and a particular employee handbook could be retrieved, was not insufficient response; court narrowed request and ordered production of any additional documents within 20 days; no sanctions warranted
Nature of Case: Former employee alleged violations of free speech, due process and gender discrimination
Electronic Data Involved: Electronic HR policies and manuals
Key Insight: No abuse of discretion to deny plaintiff’s motion to compel discovery of “computer diskette or tape copy of all word processing files created, modified and/or access by, or on behalf” of five employees over 2-1/2 year period as overbroad and unduly burdensome
Nature of Case: Age discrimination
Electronic Data Involved: Word processing files
Key Insight: Court denied plaintiff’s motion to compel defendants to provide affidavits of all employees with access to employment databases and hiring practices, in order to establish whether any documents or data was destroyed, since discovery had been closed for one year and there was no evidence that defendants had destroyed documents
Nature of Case: Employment discrimination
Electronic Data Involved: Hiring and employment database and records
Key Insight: Plaintiff denied access to hard drives of computers acquired by defendant after alleged torts took place
Nature of Case: Tortious interference, misappropriation of trade secrets, defamation
Electronic Data Involved: Hard drives (to locate email)
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