Key Insight: Plaintiff requested information related to outside counsel’s evaluation of claims. Court granted, but limited original request.
Nature of Case: Insurance breach of contract and bad faith
Electronic Data Involved: Various documents related to claims investigations; primarily related to outside counsel evaluations.
Keywords: scope; outside counsel; evaluation of claim
Key Insight: proportionality
Nature of Case: class action
Electronic Data Involved: backup tapes
Keywords: undue burden, statistical sampling, restoration, reasonably accessible, cooperation, interrogatory, relevance
Key Insight: Can documents be compelled to be produced in multiple formats, or in a certain specified format?
Nature of Case: Employment
Electronic Data Involved: Business documents, personnel files
Keywords: Multiple formats, native format
Key Insight: Interrogatories asking for evidence proving or disproving engagement in interstate commerce are improper due to requesting conclusions of law.
Nature of Case: fair labor standards act violations
Keywords: interstate commerce
Key Insight: ordered to produce original emails between parties with metadata not versions forwarded to law office
Nature of Case: breach of contract
Electronic Data Involved: emails and metadata
Keywords: farm sale, email metadata
Key Insight: Defendants request for social media posts was too broad and needed to be even more specifically directed to claims in case.
Nature of Case: personal injury
Electronic Data Involved: Social Media Posts
Keywords: social media; scope
Key Insight: Where Defendant objected to the production of duplicate documents but agreed to provide a spreadsheet with metadata for every document and to produce duplicates identified by Plaintiff, court concluded that Plaintiff had not demonstrated that Defendant?s proposal was unreasonable and denied her motion to compel
Nature of Case: Denial of tenure based on gender discrimination and retaliation
Electronic Data Involved: ESI
Key Insight: Court granted motion to compel relevant contents of Plaintiff?s Facebook account but was not ?persuaded that unfettered access was warranted? and therefore ordered Plaintiff?s counsel to review Plaintiff?s ?entire Facebook account? to determine the relevance of the material therein, as determined by the court?s identification of 7 categories of relevant materials
Nature of Case: [N]egligence based on a duty (1) to perform an undertaking and (2) to supervise
Electronic Data Involved: Social Media contents (Facebook)
Key Insight: Court granted in part Plaintiffs? motion to compel additional searching in two previously excluded timeframes, denying the motion as to documents generated at a time in which ?nothing of significance was happening? as indicated by Defendants and because the cost and burden of the requested discovery would violate the rule of proportionality but granting the motion as to information created after the filing of the complaint, where the court rejected Defendants? claim that nothing created after that time could have possibly been relevant and noted that Defendants failed to present any specific argument about undue burden, apart from having disassembled their review teams
Nature of Case: Breach of contract
Electronic Data Involved: ESI from previously unsearched timeframes
Key Insight: Where Defendants requested a full archive of social media contents from the decedent and her next of kin from 2007 through the date of Plaintiff?s death in April 2013, the court acknowledged that some social media content may be relevant to the claims and defenses at issue but found that where the request was not tailored to relevant content or limited to a reasonable period of time it was overbroad and Defendants? motion to compel was denied
Nature of Case: Wrongful death
Electronic Data Involved: Social media (Facebook)
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