Key Insight: forensic inspection of computers not proportional to needs of case
Nature of Case: Trade Secret Misappropriation under the Defend Trade Secrets Act
Electronic Data Involved: computer
Keywords: forensic inspection
Key Insight: Motion for class certification requires discovery regarding number of recorded calls defendant made.
Nature of Case: Illegal recording of cellular phone conversations
Electronic Data Involved: Extrapolation of total number of recorded phone calls defendant made to CA residents during the relevant time period.
Keywords: unduly burdensome and disproportionate
Key Insight: motion to compel lacking proper analysis denied, but responding party’s objections also sicken
Nature of Case: FCRA
Electronic Data Involved: emails and business records
Keywords: general objection,
Key Insight: Social media is discoverable if limited, relevant, and proportional
Nature of Case: Employment discrimination
Electronic Data Involved: electronically stored information, social media
Keywords: Social media
Key Insight: denied as overbroad but ordered to produce responsive text messages
Nature of Case: workplace discrimination
Electronic Data Involved: cell phone data and text messages
Keywords: cant request all call info with coworkers, only relevant documents
Key Insight: Plaintiff and Defendant’s motions to compel are both granted and denied in part
Nature of Case: Trademark rights, and when TM protection ends
Electronic Data Involved: e-mails, telephone call, business documents, the product in question, interrogatories
Keywords: Trademark, trade secrets, modification, proportional, executive
Key Insight: Which search terms are to be used to identify responsive ESI
Nature of Case: Construction litigation
Electronic Data Involved: Email and other ESI
Key Insight: Discovery should be proportional and limited to the issue
Nature of Case: Intellectual Property (trade secrets)
Electronic Data Involved: All electronic data
Key Insight: Discovery costs must be proportional to the amount in controversy ($20 million in dispute allows for at least $13,000 in discovery costs)
Nature of Case: Contract breach
Electronic Data Involved: Electronic documents/communications
Key Insight: Reduction of file search space can be proportional, use of CAR should be well documented and disclosed to opposing counsel
Nature of Case: Business M&A
Electronic Data Involved: Electronic records searched through computer assisted review (CAR)
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