Key Insight: Whether compelling the defendant to enter his cell phone password would violate his privilege against self incrimination under 5th Amendment and art. 12 of Mass Declaration of Rights
Nature of Case: Trafficking a person for sexual servitude
Electronic Data Involved: data held on cell phone
Keywords: Cell phone password, 5th Amendment
Identified State Rule(s): Mass. art. 12.
Identified Federal Rule(s): 5th Amendment
Key Insight: Counsel has no duty to inform opposing counsel to preserve evidence that would be beneficial to opposing counsel’s claims
Nature of Case: Product liability
Electronic Data Involved: Airbag data (RCM)
Keywords: Ford, airbag, dismissed, spoliation
Identified State Rule(s): Rule 4:6-2(e)
Key Insight: ESI protocol agreed to by parties precluded EEOC from arguing other tapes were spoiled since Defendant complied with protocol.
Nature of Case: Employment Discrimination
Electronic Data Involved: E-mails and Documents regarding employee hotline
Keywords: Spoilation; Agreements between Parties
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