Tag: Policy on Routine Records Management and Retention

1
Cruz v. G-Star Inc., No. 17 Civ. 7685 (PGG) (S.D.N.Y. Sept. 30, 2019)
2
Wolff v. United Airlines, Inc., No. 1:18-cv-00591-RM-SKC (D. Colo. Sep. 17, 2019).
3
Man Zhang v. City of New York (SDNY, 2019)
4
Beseke v. Equifax Information Services, LLC, No. 17-CV-4971-DWF-KMM (D. Minn, 2018)
5
Franklin v. Howard Brown Health Ctr., No. 17 C 8376 (N.D. Ill. Oct. 4, 2018)
6
Small v. Univ. Med. Ctr., No. 2:13-cv-0298-APG-PAL (D. Nev. Aug. 9, 2018)
7
In re Application of HANSAIN VEST Hanseatische Investment-GmbH in respect of the Fund Aramea Rendite Plus; Trinity Investments Designated Activity Company (S.D. New York, 2018)
8
Wooten v. BNSF Railway Company (D. Mont., 2018)
9
Manufacturing Automation v. Hughes (California, Central District, 2018)
10
Mid-Atlantic Framing v. AVA Realty Ithaca, LLC (N.D.N.Y., 2018)

Cruz v. G-Star Inc., No. 17 Civ. 7685 (PGG) (S.D.N.Y. Sept. 30, 2019)

Key Insight: Plaintiff never articulated claims that would make reasonable person believe lawsuit was likely. No duty to preserve had yet attached when Plaintiff when to HR.

Nature of Case: Discrimination

Electronic Data Involved: emails and SAP account

Keywords: Imminent litigation; adverse inference

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Wolff v. United Airlines, Inc., No. 1:18-cv-00591-RM-SKC (D. Colo. Sep. 17, 2019).

Key Insight: Both sides moved for spoliation sanctions. Court was troubled by failure to suspend automatic deletion and loss of personal cell phone, but imposed no sanctions.

Nature of Case: Employee Termination/Discrimination

Electronic Data Involved: cell phones, company computer, notebooks

Keywords: spoliation; sanctions; automatic deletion

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Man Zhang v. City of New York (SDNY, 2019)

Key Insight: Spoliation, failure to issue Litigation Hold,

Nature of Case: 1983 Civil Rights

Electronic Data Involved: Hard copy, video, telephone recordings

Keywords: Adverse inference, Default Judgment, Sanctions, Attorney’s fees and costs, failure to investigate, Spoliation, Intent to deprive, Reasonable steps to preserve

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Beseke v. Equifax Information Services, LLC, No. 17-CV-4971-DWF-KMM (D. Minn, 2018)

Key Insight: accessibility of data

Nature of Case: Violations of the FCRA

Electronic Data Involved: information related to similar lawsuits and consumer complaints

Keywords: data, searchable, accessible, access*, undue burden,

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Franklin v. Howard Brown Health Ctr., No. 17 C 8376 (N.D. Ill. Oct. 4, 2018)

Key Insight: ineffective litigation hold, failure to preserve electronic evidence

Nature of Case: workplace harassment and discrimination

Electronic Data Involved: emails, text messages, instant messages

Keywords: instant messages, faulty and failed litigation hold, the defendant “bollixed its litigation hold”

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Small v. Univ. Med. Ctr., No. 2:13-cv-0298-APG-PAL (D. Nev. Aug. 9, 2018)

Key Insight: Defendant’s failure to preserve and produce ESI responsive to plantiffs’ discovery requests.

Nature of Case: unpaid wages and overtime claims collective action

Electronic Data Involved: deleted electronic records, undecipherable codes, mobile device data, text messages

Keywords: adverse inference instruction, unintelligible, mockery of the orderly administration of justice

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In re Application of HANSAIN VEST Hanseatische Investment-GmbH in respect of the Fund Aramea Rendite Plus; Trinity Investments Designated Activity Company (S.D. New York, 2018)

Key Insight: Whether US based discovery can be used in a foreign proceeding

Nature of Case: 28 U.S.C. 1782 request for US based Discovery to be used in a foreign proceeding

Electronic Data Involved: Business documents

Keywords: US based discovery, foreign proceeding, serve document subpoenas

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Manufacturing Automation v. Hughes (California, Central District, 2018)

Key Insight: Terminating sanctions for alleged email spoliation is premature without compelling the documents 1st

Nature of Case: copyright infringement

Electronic Data Involved: deleted emails

Keywords: software copyright, accelerated email retention policy, terminating sanctions

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Mid-Atlantic Framing v. AVA Realty Ithaca, LLC (N.D.N.Y., 2018)

Key Insight: Willfull failure to produce records in discovery; Adverse inferences

Nature of Case: Contract

Electronic Data Involved: ESI

Keywords: Summary Judgment; Spoliation; Sanctions; Bad Faith; Mechanics lien; discovery delay; failure to produce records

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