Key Insight: Defendant ordered to provide a complete and full response to interrogatory seeking information about Hospital Authority’s computer and email systems; defendant’s “very brief and general response” was insufficient
Nature of Case: Former employee alleged violations of free speech, due process and gender discrimination
Electronic Data Involved: Information re computer and email systems
Key Insight: Order compelling defendant surgeon to produce his surgical database, to include information related to all the cholecystectomy procedures defendant had ever performed (with the patient names redacted) was abuse of discretion; matter remanded with directions that the court examine the database contents in camera to determine relevance and privilege issues
Nature of Case: Medical malpractice
Electronic Data Involved: Surgical database maintained by defendant surgeon
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)
Key Insight: Since defendant failed to timely produce database dictionary and did not produce all of its expert’s relevant email, court granted motion to compel production of expert’s email; court further granted plaintiff’s request to reconvene expert’s deposition and would allow plaintiff’s expert to review additional material produced and modify his conclusions accordingly
Nature of Case: ERISA litigation
Electronic Data Involved: Email and database dictionary
Key Insight: Discovery deadline extended and defendant ordered to “use every practicable means” to identify requested claims files; if defendant truly cannot segregate the claim files, defendant would be directed to make available a representative with requisite knowledge and skill to assist plaintiff’s representative in reviewing and identifying as promptly as possible each unsegregated file which met plaintiff’s criteria
Nature of Case: ERISA action to recover death benefits under employee benefit plan
Electronic Data Involved: Database re insurance claims
Key Insight: Defendant not required to produce entire database; defendant ordered to re-search database for information relevant to subject property and if further information found, to produce it
Nature of Case: Lessor sued for contract breach and related claims stemming from leaking underground storage tank
Electronic Data Involved: Database containing information re facilities with leaking underground storage tanks
Key Insight: Appellate court granted writ and quashed trial court’s order granting party’s motion for leave to inspect non-party’s computer system; remanded with directions to trial court to craft a narrowly-tailored order that sets parameters and limitations on the inspection
Nature of Case: Insurance bad faith
Electronic Data Involved: Computer system; records of payments to physicians
Key Insight: Motion to compel production of computer-generated salary data granted; court further ordered parties to preserve all relevant evidence including all data compilations, computerized data and other electronically-recorded information
Nature of Case: Employment discrimination
Electronic Data Involved: Computerized payroll records
Key Insight: Various emails among claims handlers, supervisors, in-house counsel and outside counsel were protected from discovery by either attorney-client privilege, work product doctrine, or both; however, voluntary production of certain emails waived protections; inadvertent disclosure may waive protections if reasonable precautions were not taken to guard against inadvertent disclosure
Nature of Case: Insurance coverage
Electronic Data Involved: Email
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