Archive - 2018

1
Carpenter v. United States (U.S. , 2018)
2
Williams v. CoreCivic, Inc. (D. Kan., 2018)
3
In re Methodist Primary Care Grp, 553 S.W.3d 709 (Tex. 14th Dist. Ct. App. June 21, 2018)
4
In re Schlich, 893 F.3d 40 (1st Cir. 2018).
5
Regents of University of California v. Affymetrix (Southern District of California, District Court, 2018)
6
Mitchell v. Savannah Airport Commission (Southern District of Georgia, Savannah Division, 2018)
7
Knight v. Boehringer Ingelheim Pharmaceuticals, Inc., 323 F. Supp. 837 (S.D. W. Va. June 19, 2018)
8
Trainer v. Continental Carbonic Products, Inc., No. 16-cv-4335 (D. Minn. June 15, 2018)
9
Bell v. Pension Committee of Ath Holding Co., LLC, No. 1-15-cv-02062-TWP-MPB (S.D. Ind. June 14, 2018)
10
Animal Science Prods., Inc. v. Hebei Welcome Pharmaceutical Co. Ltd., No. 16-1220 (S. Ct. June 14, 2018).

Carpenter v. United States (U.S. , 2018)

Key Insight: government acquisition of cell site location information (CSLI); Fourth Amendment

Nature of Case: Criminal

Electronic Data Involved: cell site location information (CSLI)

Keywords: cell site location information (CSLI); Fourth Amendment, search, third-party doctrine, location data, seizure, voluntarily shared, warrant, cell phone, expectation of privacy

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In re Methodist Primary Care Grp, 553 S.W.3d 709 (Tex. 14th Dist. Ct. App. June 21, 2018)

Key Insight: 3rd party access to another entity’s electronic database. On appeal, discovery order vacated on four factors: inadequate data request, no evidence that search would find responsive data, order requested data outside plaintiff’s original request, order improperly granted access to data outside litigation’s scope.

Nature of Case: Trade secret theft and interference with patient relationships

Electronic Data Involved: electronic practice management systems in the cloud

Keywords: 3rd party, expert, search, electronic database, cloud, undue intrusion, beyond the scope.

In re Schlich, 893 F.3d 40 (1st Cir. 2018).

Key Insight: Petitioner met statutory requirements under Section 1782, but not the discretionary factors. Circuit court affirmed denial of discovery request.

Nature of Case: European Patent Case

Electronic Data Involved: Documents in US for use in European Case

Keywords: Foreign Proceeding

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Regents of University of California v. Affymetrix (Southern District of California, District Court, 2018)

Key Insight: The common interest exception to AC privilege allowing the presence of a third party doesn’t apply when the third party is not represented by counsel

Nature of Case: patent infringement

Electronic Data Involved: archived email

Keywords: common interest doctrine, privilege, third party, common legal strategy, unrepresented party

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Mitchell v. Savannah Airport Commission (Southern District of Georgia, Savannah Division, 2018)

Key Insight: Lack of communication regarding extending discovery timeline doesn’t entitle a party to additional time

Nature of Case: workplace discrimination

Electronic Data Involved: Documents

Keywords: discovery timeline, reopening discovery, lack of communication, radio silence

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Knight v. Boehringer Ingelheim Pharmaceuticals, Inc., 323 F. Supp. 837 (S.D. W. Va. June 19, 2018)

Key Insight: application of spoliation sanctions occurring in past matters

Nature of Case: product liability

Electronic Data Involved: electronic records, e-mails

Keywords: spoliation, prior sanctions, intent to deprive, prejudice, adverse instruction

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Trainer v. Continental Carbonic Products, Inc., No. 16-cv-4335 (D. Minn. June 15, 2018)

Key Insight: proportionality, spoliation sanctions

Nature of Case: wrongful termination

Electronic Data Involved: text messages, e-mails

Keywords: spoliation, forensic imaging, relevance, duty to preserve, intent to deprive, prejudice, attorney’s fees

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Bell v. Pension Committee of Ath Holding Co., LLC, No. 1-15-cv-02062-TWP-MPB (S.D. Ind. June 14, 2018)

Key Insight: discoverability of Facebook messages

Nature of Case: Breach of fiduciary duty, ERISA

Electronic Data Involved: Facebook private messages, Facebook post

Keywords: 37(a), Facebook, private messaging, relevance, work product doctrine, common interest privilege

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Animal Science Prods., Inc. v. Hebei Welcome Pharmaceutical Co. Ltd., No. 16-1220 (S. Ct. June 14, 2018).

Key Insight: Foreign Government statements should be weighed by 5 factors. Courts should afford consideration, but are not bound to conclusively accept the statements of foreign governments.

Nature of Case: Price Fixing

Electronic Data Involved: Foreign Government Statement

Keywords: Foreign Law

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