November 2019 – Electronic Discovery Law

Center for Auto Safety et al. v. Goodyear Tire & Rubber Company (Arizona Court of Appeals, 2019)

Nov 26 2019

Key Insight: defendants perpetrated fraud and acted in bad faith when not disclosing test results of defective product

Nature of Case: product liability

Electronic Data Involved: product test results that were not disclosed

Keywords: fraud, bad faith, disclosure, confidentiality

Identified Local Court Rule(s): Maricopa county local practice rule 2.19, 5.4

Identified State Rule(s): 26(c)(1), 26(c)(1)(G), 26(c)(4)(A)

View Case Opinion

Commonwealth v. Davis (PA Supreme Court, 2019)

Nov 20 2019

Key Insight: computer passwords/access, act of production

Nature of Case: Fifth Amendment violation (Criminal)

Electronic Data Involved: computer files

Keywords: “foregone conclusion” exception, password, search warrant, encryption, testimonial in nature, compulsion of mental processes

Identified State Rule(s): Pa.R.A.P. 313(b)

United States v. Beverly (Fifth Circuit, 2019)

Nov 14 2019

Key Insight: warrant vs. warrantless obtaining of data

Nature of Case: Criminal – Motion to Suppress Evidence; Armed Bank Robbery and conspiracy

Electronic Data Involved: CSLI (Cell-site location information); toll records (Call detail records); Subscriber information; time-stamped records

Keywords: CSLI; Stored Communications Act Order; Warrant; Carpenter v. United States; Validity of warrant; Suppression; Bad Faith; Probable cause; Exclusionary Rule; Good-faith exception; Fourth Amendment; Third party doctrine /no expectation of privacy; Fruit of the poisonous tree

View Case Opinion

Forney v. Grand Island Chiropractic, P.C. (WDNY, 2019)

Nov 08 2019

Key Insight: evidence of consent and opt-out must be presented in pre-discovery MSJ

Nature of Case: Telephone Consumer Protection Act (TPCA)

Electronic Data Involved: text messages

Keywords: pre-discovery summary judgment

View Case Opinion

Shotwell, et al. v. Zillow Group Inc., et al. (Western Washington, 2019)

Nov 07 2019

Key Insight: detailed stipulation of the discovery plan

Nature of Case: violation of the securities exchange act

Electronic Data Involved: all relevant discovery

Keywords: stipulation, discovery plan

View Case Opinion

Grey Oaks Country Club, Inc. v. Zurich Am. Ins. Co., No. 2:18-cv-639-FtM-99NPM (M.D. Fla., 2019)

Nov 07 2019

Key Insight: Plaintiff claimed Defendant had not fully compensated for loses. Defendant claimed all monies owed under insurance contract had been paid. When discovery still remains on issues on summary judgment, summary judgment is premature.

Nature of Case: Insurance Coverage Dispute

Electronic Data Involved: Various discovery responses related to damage amounts

Keywords: summary judgment

View Case Opinion

Estate of Felipe A. Radelat (Tex. App., 2019)

Nov 07 2019

Key Insight: Sanctions, Efforts to Thwart discovery, Fraudulent Concealment

Nature of Case: Estates and Trusts

Electronic Data Involved: Hard copy

Keywords: fraudulent concealment, Statute of Limitations, Sanctions, Violation of Court Orders, Failure to produce, Death Penalty sanction, Obstruction, Temporary injunction, Deception of the Court

Identified State Rule(s): Tex. R. Civ. P. 199.3; Tex.R. Civ. P. 176 .8 (a)

United States v. Holmes, et al (N.D. Cal., 2019)

Nov 05 2019

Key Insight: whether government had to turn over documents from agencies not part of DOJ

Nature of Case: wire fraud and conspiracy re Theranos

Electronic Data Involved: documents

Keywords: agency documents, Theranos,

View Case Opinion

United States v. Norris (9th Circuit, 2019)

Nov 04 2019

Key Insight: Whether accessing a person’s information through an IP address being wired through an outside router is a violation of the 4 amendment

Nature of Case: criminal – possession and distribution of child pornography

Electronic Data Involved: IP address and location

Keywords: search and seizure, IP address, wireless router, subjective expectation of privacy

View Case Opinion

United States v. Hoang, No. 2:17-cr-0444-TC (District of Utah, Central Division, 2019)

Nov 04 2019

Key Insight: Request for email accounts at Comcast and Google

Nature of Case: Trade Secret Theft

Electronic Data Involved: archived e-mail, file backups, electronic files

Keywords: no privacy interest in [another person?s] email account, even if some of [defendant?s] emails were discovered there.

Archive - November 2019