In Techsavies, LLC v. WDFA Marketing, Inc., the United States District Court for the District of Northern California sanctioned the defendant for repeated failures to produce responsive documents stemming from a failure to identify relevant data sources in preparing its initial disclosures.  2011 WL 723983 (N.D.Cal. 2011). 

In FCC v. AT&T, the United States Supreme Court held that an exemption under the Freedom of Information Act ("FOIA") for "records or information compiled for law enforcement purposes," that "could reasonably be expected to constitute an unwarranted invasion of personal privacy" does not extend to corporations.  2011 WL 691243.

In Viramontes v. U.S. Bancorp, the United States District Court for the District of Illinois held that a letter written to human resources by a female employee complaining of a male supervisor's unprofessional behavior with respect to a recent foot surgery, alluding to sexual discrimination and requesting the employer remove the supervisor was not sufficient to trigger a duty to preserve documents in anticipation of litigation.  2011 WL 291077 (N.D.Ill. 2011).

In National Day Laborer Organizing Network v. United States Immigration and Customs Enforcement Agency, the United States District Court for the Southern District of New York held that metadata maintained by an agency as part of an electronic record is presumptively producible under the Freedom of Information Act ("FOIA") unless the agency demonstrates the metadata is not producible.  2011 WL 381625 (S.D.N.Y. 2011).

In McDonald v. Kellogg Company, the United States District Court for the District of Kansas ordered the defendant, a food products manufacturer, permit physical access by the plaintiffs' expert to install and monitor Radio Frequency Identification Equipment ("RFID") to gather data on time spent by employees moving from various workstations in connection with an action for overtime pay under the Fair Labor Standards Act ("FLSA").  2011 WL 484191 (D.Kan. 2011). 

In United States v. Warshak, the Sixth Circuit Court of Appeals held that the government's use of a subpoena to compel production of relevant emails from an Internet Service Provider ("ISP") in accordance with the Stored Communications Act (the "Act") is unconstitutional under the Fourth Amendment for failure to obtain a search warrant and to the extent the Act authorized warrantless seizure of emails, the Act itself is unconstitutional.  2010 WL 5071766 (6^th Cir. 2010).

In Coleman-Hill v. Governor Mifflin School District, the United States District Court for the Eastern District of Pennsylvania ordered counsel to execute an affidavit of compliance and pay attorneys' fees, in addition to admonishment and partial preclusion of evidence, for the improper use of subpoena power.  2010 WL 4400033 (E.D.Pa. 2010).

In Romero v. Allstate Insurance Company, the United States District Court for the Eastern District of Pennsylvania ordered Allstate to produce metadata along with all future electronic discovery based on principles set forth by The Sedona Conference ®.  2010 WL 4138693 (2010).

In Piccone v. Town of Webster, a former employee was ordered to create a mirror-image of her personal computer's hard drive and leave the mirror-image, along with several external hard-drives at issue, with her attorney for safekeeping amid concerns of spoliation and "cherry-picked" productions.  2010 WL 3516581 (W.D.N.Y. 2010).