Gateway Logistics, Inc. v. Smay, No. 12SA287, 2013 WL 1557840 (Colo. Apr. 15, 2013)

Key Insight: Where, despite defendant?s assertion of a privacy interest in his and his wife?s (a non-party) electronic devices (computers and smartphone) and phone records, the trial court failed to conduct a proper balancing test before granting Plaintiff?s motion to compel inspection and production of the records, the Supreme Court found that the trial court had abused its discretion, that the invocation of a privacy right should have triggered analysis of the relevant balancing test, and that the wife?s non-party status was a factor for consideration, and vacated the trial court?s order and remanded for further consideration

Nature of Case: Breach of fiduciary duty and misappropriation of trade secrets

Electronic Data Involved: Personal computers, smartphone