Key Insight: whether a request for a specific format is an undue burden
Electronic Data Involved: documents produced in TIFF format versus native format
Keywords: undue burden, TIFF, native, cybersecurity
Kamuda v. Sterigenics U.S. LLC (Circuit Court of Cook County Illinois, 2020)
Key Insight: whether a request for a specific format is an undue burden
Nature of Case:
Electronic Data Involved: documents produced in TIFF format versus native format
Keywords: undue burden, TIFF, native, cybersecurity
Identified State Rule(s): 214(b)
Center for Auto Safety et al. v. Goodyear Tire & Rubber Company (Arizona Court of Appeals, 2019)
Key Insight: defendants perpetrated fraud and acted in bad faith when not disclosing test results of defective product
Nature of Case: product liability
Electronic Data Involved: product test results that were not disclosed
Keywords: fraud, bad faith, disclosure, confidentiality
Identified Local Court Rule(s): Maricopa county local practice rule 2.19, 5.4
Identified State Rule(s): 26(c)(1), 26(c)(1)(G), 26(c)(4)(A)
Estate of Felipe A. Radelat (Tex. App., 2019)
Key Insight: Sanctions, Efforts to Thwart discovery, Fraudulent Concealment
Nature of Case: Estates and Trusts
Electronic Data Involved: Hard copy
Keywords: fraudulent concealment, Statute of Limitations, Sanctions, Violation of Court Orders, Failure to produce, Death Penalty sanction, Obstruction, Temporary injunction, Deception of the Court
Identified State Rule(s): Tex. R. Civ. P. 199.3; Tex.R. Civ. P. 176 .8 (a)
Crosmun v. Trustees of Fayetteville Technical Community College (N.C. Ct. App., 2019)
Key Insight: whether ESI protocol order directing party to turn over potentially privileged information without chance for review proper
Nature of Case: Retaliation – NC Whistleblower Protection Act
Electronic Data Involved: Backup and deleted records located on work computers and servers
Keywords: privilege; involuntary waiver
Identified State Rule(s): N.C. R. Civ. P. 26(b)
In Re Dentsply Sirona, Inc. Shareholders Litigation (Supreme Court of NY State, 2019)
Key Insight: Whether the stay of discovery provision can be applied to state court cases.
Nature of Case: Violations of the Securities Act of 1933
Electronic Data Involved: Stay of discovery pending a motion to dismiss
Keywords: stay of discovery, PSLRA, state v. federal court
Identified State Rule(s): PSLRA
Shamrock-Shamrock, Inc. v. Remark (Florida, 2019)
Key Insight: Non party third parties do not have a duty to preserve in anticipation of litigation.
Nature of Case: Spoliation (property rezoning)
Electronic Data Involved: Electronic documents
Keywords: Preservation, spoliation, third-party, Shamrock
Identified State Rule(s): 440.39(7)
Dulcich Inc. v. USI Insurance Services National, Inc., No. 18-cv-01089 (D. Ore, 2019)
Key Insight: The attorney-client privilege for legal invoices is implicitly waived when those invoices are the primary form of direct evidence for the lawsuit.
Nature of Case: recovery of attorney costs incurred in prior suit
Electronic Data Involved: legal invoices
Keywords: legal invoices, implicit waiver
Commonwealth v. Jones, SJC-12564 (Mass. Mar. 6, 2019)
Key Insight: Whether compelling the defendant to enter his cell phone password would violate his privilege against self incrimination under 5th Amendment and art. 12 of Mass Declaration of Rights
Nature of Case: Trafficking a person for sexual servitude
Electronic Data Involved: data held on cell phone
Keywords: Cell phone password, 5th Amendment
Identified State Rule(s): Mass. art. 12.
Identified Federal Rule(s): 5th Amendment
Rubury v. Ford Motor Co. (New Jersey, 2019)
Key Insight: Counsel has no duty to inform opposing counsel to preserve evidence that would be beneficial to opposing counsel’s claims
Nature of Case: Product liability
Electronic Data Involved: Airbag data (RCM)
Keywords: Ford, airbag, dismissed, spoliation
Identified State Rule(s): Rule 4:6-2(e)