In re Petrobras Sec. Litig., No. 14-cv-9662 (United States District Court Souther District of New York, 2019)
Key Insight: Foreign Arbitration is not a foreign or international tribunal for 28 USC 1782
Nature of Case: securites litigation
Keywords:
Laub v. Horbaczewski, No. 2:17-CV-06210 JAK (KSx) (C.D. Cal. July 30, 2019).
Key Insight: Did not withhold irrelevant texts. Judge denied clawback for relevance.
Nature of Case: Contract
Electronic Data Involved: Text Messages
Keywords: clawback, relevance
Johnson v. Duxbury (First Circuit Court of Appeals, 2019)
Key Insight: Individuals do not have reasonable expectations of privacy of phone service provider’s records of phone numbers
Nature of Case: Fourth Amendment search and seizure
Electronic Data Involved: Cell and home phone records
Keywords: Fourth Amendment, Duxbury, DPD, murder, normal format,
In The Matter of the Search of A White Google Pixel 3 XL Cellphone in a Black Incipio Case (District of Idaho, 2019)
Key Insight: whether a serach warrant can require someone to be forced to unlock a phone with their finger
Nature of Case: search warrant, violation of 5th amendment
Electronic Data Involved: forensic search of a cell phone that is locked with a fingerprint
Keywords: cellphone, fingerprint scanner, 5th amendment rights
Hardy v. UPS Ground Freight, Inc. (D. Mass., 2019)
Key Insight: whether failure to provide text messages talked was spoliation of evidence
Nature of Case: employment discrimination
Electronic Data Involved: forensic imaging of plaintiff’s cell phone, relevant text messages
Keywords: text messages, forensic imaging of cell phone, spoliation
Mercado-Cordova v. Walmart Puerto Rico et al (D.P.R., 2019)
Key Insight: inadvertent failure to preserve email evidence leads to monetary sanctions and adverse inference but no termination
Nature of Case: employment
Electronic Data Involved: pictures
Keywords: deleting facebook
Cordova v. Walmart Puerto Rico, Inc., et al., No. 16-2195 (ADC) (D.P.R. July 16, 2019)
Key Insight: Plaintiff lost access to Facebook, subsequently regained access and then deleted while case was pending summary judgment. Defendant was granted adverse inference jury instruction, not dismissal requested.
Nature of Case: Discrimination, Retaliation and Unjust Dismissal
Electronic Data Involved: Facebook Account Records
Keywords: Facebook, Spoilation, Deletion, Access
Opternative, Inc. v. Jand, Inc., 17-CV-6936 (RA)(SN) (S.D.N.Y. July 12, 2019)
Key Insight: Protective Order in place regarding source code. Defendant asked for portion to be printed, which was refused. Plaintiff was ordered to produce requested source code.
Nature of Case: Unlawful Use of Information
Electronic Data Involved: Source Code, Log Files, File Directory
Keywords: Source Code; Protective Order
Philmar Dairy, LLC v. Armstrong Farms, No. 18-cv-0530 SMK/KRS (D. N.M. July 11, 2019)
Key Insight: Defendant changed phones and with them photos of fire were lost. Plaintiff requested sanctions due to loss of photos. Court rejects sanction as Defendant could not have known about litigation when phones changed.
Nature of Case: Breach of Contract; Fraud
Electronic Data Involved: Cell Phone Photos
Keywords: spoilation; sanctions
Tafolla v. County of Suffolk, No. CV-17-4897 (E.D.N.Y. July 8, 2019)
Key Insight: Cost burden for recovery of backup tapes
Nature of Case: workplace discrimination
Electronic Data Involved: backup tapes
Keywords: undue burden or expense, discovery cost shift, cost sharing, excessive discovery costs, vendor estimate