Tag: Slack

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Benebone LLC v. Pet Qwerks, Inc. (C.D. Cal. Feb. 18, 2021)
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Laub v. Horbaczewski (C.D. Cal. 2020)

Benebone LLC v. Pet Qwerks, Inc. (C.D. Cal. Feb. 18, 2021)

Key Insight: Court granted defendants’ motion to compel plaintiff to produce Slack messages used as part of its internal business communications. Despite the potentially 30,000 Slack messages to review, the court found compelling the testimony from defendants’ forensic expert who stated there are a number of tools and software vendors that have streamlined review and production of Slack messages. Further, searches could be limited to certain Slack channels, users and custodians to very streamline the volume of messages for review. Thus, “requiring review and production of Slack messages by Benebone is generally comparable to requiring search and production of emails and is not unduly burdensome or disproportional to the needs of this case – if the requests and searches are appropriately limited and focused.”

Nature of Case: Intellectual property

Electronic Data Involved: Slack messages

Case Summary

Laub v. Horbaczewski (C.D. Cal. 2020)

Key Insight: Plaintiffs sought Slack messages and defendants claimed they did not have access to the messages because of its level of Slack plan. The court instructed plaintiffs to pursue the Slack messages through a third party subpoena and defendants objected to the overbroad scope of the subpoena. The court concluded plaintiffs “credibly argued” that the Slack messages “may be relevant to the issues involved in this case,” but found that the request was not proportional to the needs of the case under the second prong of Rule 26(b)(1) because: (1) The defendants did not have access to the messages and requiring them to produce the messages would impose an undue burden and expense, and (2) the messages would likely be cumulative because the record was “replete with evidence of Plaintiffs’ involvement” and plaintiffs “offer no evidence that the private messages contain any novel or noteworthy information that warrant compelling their production.”

Nature of Case: Breach of contract

Electronic Data Involved: Instant messages

Case Summary

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