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
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
Key Insight: The duty to preserve should be proportional and reasonable, not perfect and absolute.
Nature of Case: Rule 37(e) analysis of the defendant’s actions
Electronic Data Involved: Video Clips, CCTV and VDR
Keywords: Preserve, camera, viewable, “recorded continuously”, CCTV, RCCL
Key Insight: Individuals do not have reasonable expectations of privacy of phone service provider’s records of phone numbers
Nature of Case: Fourth Amendment search and seizure
Electronic Data Involved: Cell and home phone records
Keywords: Fourth Amendment, Duxbury, DPD, murder, normal format,
Key Insight: inadvertent failure to preserve email evidence leads to monetary sanctions and adverse inference but no termination
Nature of Case: employment
Electronic Data Involved: pictures
Keywords: deleting facebook
Key Insight: A contract clause limiting liability for data breaches caused by third parties is not unconscionable. However, this clause does not bar negligence claims for failing to comply with minimum data-security standards.
Nature of Case: data-breach class action
Electronic Data Involved: customer personal data
Keywords: data security, personal data, breach, unconscionable
Key Insight: A law firm’s investigative records prepared for a client may not be withheld on work-product grounds from that client or former client.
Nature of Case: bankruptcy
Electronic Data Involved: Law firm investigative records and forensic accounts
Keywords: work-product, mental impressions, investigative records
Key Insight: Waiting until the last day of discovery to provide computation of damages does not constitute bad faith warranting severe sanctions.
Nature of Case: vehicle collision negligence
Keywords: willfulness, bad faith, last day of discovery
Key Insight: whether court should modify agreed upon discovery deadline to allow filing of MTC
Nature of Case: defamation
Electronic Data Involved: written communication
Keywords: pro se, deadline, compel,
Key Insight: Handwritten notes by Plaintiff had been produced. Plaintiff used attorney typed version to refresh memory before deposition. Court ordered production of typed notes.
Nature of Case: Employment Discrimination
Electronic Data Involved: Typed version of handwritten notes
Keywords: recollection refresh; deposition; privilege; work product
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