Archive for March 2022

In re Actos End Payor Antitrust Litig. (S.D.N.Y. 2022)

Key Insight: On plaintiff’s motion to compel, the magistrate judge ruled that defendant Takeda was to produce “all responsive ESI to Plaintiffs, including earlier-in-time emails.” In its production, Takeda had used email threading by which a party reviews and produced the most-inclusive email in a thread. The Discovery Protocol did not permit that approach. The […]

Europe v. Equinox Holdings, Inc. (S.D.N.Y. 2022)

Key Insight: Plaintiff brought a motion for sanctions alleging defendants failed to preserve a key piece of evidence (the September 2019 managers’ schedule from the month when she was terminated) in her employment discrimination suit. The court concluded that defendants should have taken steps to preserve the schedule in December 2019 when plaintiff notified defendants […]

Famulare v. Gannett Co., Inc. (D.N.J. 2022)

Key Insight: The discovery dispute involved whether defendants are obligated to produce screenshots of certain computer generated reports from defendants’ computer program known as Salesforce. Salesforce maintains and memorializes various performance metrics of individual account executives. Plaintiff generated and printed some of her own performance metrics and seeks in discovery the same reports for certain […]