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ilsteam
March 16, 2018

The United States Supreme Court Hears Oral Arguments in Microsoft Stored Communications Act Case

The Supreme Court heard oral arguments in United States v. Microsoft Corporation, No. 14-2985 (2nd Cir. July 14, 2016), a case that could have wide-ranging effects on email privacy. The justices are expected to issue a June 2018 ruling on whether the Stored Communications Act (“SCA”) allows the U.S. government to access emails stored overseas.

ilsteam
February 28, 2018

Court Retains Jurisdiction to Issue Sanctions Against Defendant City Fire Department for Spoliation of Evidence in Sexual Harassment Case

In Dena Lewis-Bystrzycki v. City of Country Club Hills, No. 2012 L 009916, (Cir. Ct. Cook County, 2017), the Court ordered sanctions against the Defendants (collective) City of Country Club Hills Fire Department after it became apparent that Defendants had wiped data from a network storage drive for computer backups (by using anti-forensic tools and

ilsteam
February 23, 2018

Court Partially Grants Plaintiff’s Motion for Sanctions for Spoliation in a Breach of Contract Dispute

In Hefter Impact Techs., LLC v. Sport Maska, Inc., No. 15-13290-FDS (D. Mass. Aug. 3, 2017), the Plaintiff Hefter Impact Technologies, LLC (“HIT”) sold its ice-hockey helmet design to the Defendant, Sport Maska, Inc., d/b/a Reebok — CCM Hockey (“CCM”). CCM agreed to pay HIT royalties on its helmets based on the original HIT design.

ilsteam
February 21, 2018

Court Encourages Plaintiff to Craft a Narrower, More Targeted Discovery Request Through Depositions

In Rembrandt Diagnostics LLP v. Innovacon, Inc., No. 3:16-cv-0698 CAB (NLS), (S.D. Cal. Oct. 3, 2017), the dispute was over drug-testing cups for screening urine samples. The Plaintiff, Rembrandt Diagnostics, LP (“Rembrandt”), alleged that the Defendant, Innovacon, Inc. (“Innovacon”), breached the patent license agreement established between both companies’ predecessors. Innovacon argued that it did not

ilsteam
February 12, 2018

Court Denies Defendant’s Motion for Spoliation; Grants Summary Judgment in Favor of Plaintiff

In IBM v. Naganayagam, No. 15-cv-7991, (S.D.N.Y. 2017), Plaintiff filed a motion for summary judgment and Defendant filed a cross-action pursuant to Rule 37 of the Federal Rules of Civil Procedure for spoliation sanctions. In this action, the Plaintiff sought to rescind several Equity Award Agreements (“EAAs”) given to Defendant during his employment. EEAs are

ilsteam
February 9, 2018

Court Rejects Defendant’s Claim He Does Not Have Control of Responsive Documents: Court Says Custody and Control Compels Production

In Rabang, et al., v. Kelly et al., No. 2:17-cv-00088-JCC, U.S. Dist. Ct. (W.D. Wash. 2017) the United States District Court for the Western District of Washington compelled the Defendants to produce multiple documents after, as the Court described, Defendants stonewalled Plaintiffs in their requests. Defendant has refused to produce responsive documents in his possession,

ilsteam
February 7, 2018

Court Denies Motion For Corporate Email, ESI as Premature For Failure to Comply With Meet & Confer Requirements

Kellgren v. Petco Animal Supplies, Inc., No. 3:13-cv-644L-KSC, (S.D. Cal. March 10, 2017) is a collective litigation in which plaintiffs Erik Kellgren (“Kellgren”) and others employed as Assistant Managers in Defendants’ stores claim to have been misclassified as “exempt” from the overtime provisions of the Fair Labor Standards Act (“FLSA”). The central issues in the case relate

ilsteam
February 5, 2018

Court Demands Specificity in Motions to Compel Discovery

In Doctors Pathology Servs., PA v. Gerges, C.A. No 11457-CB (Del. Ch. Feb. 15, 2017), the court demanded that parties be specific as to which discovery requests were problematic, including providing specific numbers of discovery requests listed in the Motion to Compel. Here, Plaintiff had sued a former employee and the employee’s new medical practice

ilsteam
January 19, 2018

Court Orders Adverse Inference Instruction Against District of Columbia For Failing to Preserve Potentially Relevant Emails

In Nunnally v. Dist. of Columbia, 243 F. Supp. 3d 55 (D.C. 2017), the Court granted in part and denied in part Plaintiff’s motion for sanctions due to spoliation of evidence by Defendant. In 2004, Ronda Nunnally (“Nunnally”), a Lieutenant in the District of Columbia Metropolitan Police Department (“MPD”), filed a complaint with MPD alleging sexual