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Posted on May 11th, 2018 by ilsteam

In Klipsch Grp., Inc. v. ePRO E-Commerce Ltd., Nos. 16-3637-cv, 16-3726-cv (2d Cir. Jan. 25, 2018), the Second Circuit found no error in the lower court’s imposition of a multi-million sanction for discovery misconduct. While defending against claims it sold counterfeit products, ePRO E-Commerce Limited (“Defendant”) engaged in persistent discovery misconduct. It did not disclose …

Posted on April 27th, 2018 by ilsteam

In GoPro, Inc. v. 360Heros, Inc, No. 16-cv-01944-SI, (N.D.Cal. 2018), the Court denied Defendant’s motion for summary judgment and granted Plaintiff’s motion for sanctions. During discovery related to the parties’ dispute regarding federal and state trademark infringement and unfair competition, Defendant 360Heros, Inc., (“Defendant”) produced transcripts of two Skype conversations. GoPro, Inc. (“Plaintiff”) alleged that …

Posted on April 23rd, 2018 by ilsteam

In U.S. v. Microsoft Corporation, No. 17-2 (U.S. April 2018), the Supreme Court of the United States granted certiorari to decide whether a United States-based provider of e-mail services must disclose electronic communications within its control to the government when the provider stores the communications abroad. In December 2013, federal law enforcement agents applied to …

Posted on March 30th, 2018 by ilsteam

In U.S. Ex Rel. Proctor v. Safeway, Inc., No. 11-cv-3406 (C.D. Ill. March 3, 2018), Relator Thomas Proctor (“Proctor”) served his First Set of Requests for Production of Documents on Defendant Safeway, Inc. (“Safeway”) seeking various electronic data, including Safeway’s PDX pharmacy transaction data (“PDX Data”) and emails and other electronically stored documents. Safeway produced …

Posted on March 23rd, 2018 by ilsteam

In Performance Pulsation Control, Inc. v. Sigma Drilling Technologies, LLC, No. 4:17-CV-00450, (E.D. Tex. Jan. 23, 2018), Performance Pulsation Control, Inc., (“PPC”) alleges that Justin Manley (“J. Manley”), a former employee, formed a competing company, Sigma Drilling Technologies, LLC (“Sigma”), to market and sell pulsation control products that he developed within the course of his …