Legal issues, news and best practices relating to the discovery of electronically stored information.
Key Insight: audit returns requested not proportional since massive burden to non-party
Nature of Case: Driver’s Privacy Protection Act
Electronic Data Involved: LEMS audit returns
Keywords: judge warns of sanctions
Key Insight: automatic discovery stay under Private Securities Litigation Reform Act (PSLRA)
Nature of Case: federal securities class action
Electronic Data Involved: all discovery
Keywords: automatic discovery stay, Private Securities Litigation Reform Act, PSLRA
Key Insight: whether ESI protocol order directing party to turn over potentially privileged information without chance for review proper
Nature of Case: Retaliation – NC Whistleblower Protection Act
Electronic Data Involved: Backup and deleted records located on work computers and servers
Keywords: privilege; involuntary waiver
Identified State Rule(s): N.C. R. Civ. P. 26(b)
Key Insight: whether sanctions are appropriate where data on tracking device subject to automatic deletion which occurred before spoliation notice
Nature of Case: personal injury – vehicle accident
Electronic Data Involved: electronic control module (ECM)
Keywords: tracking device
Key Insight: Whether the stay of discovery provision can be applied to state court cases.
Nature of Case: Violations of the Securities Act of 1933
Electronic Data Involved: Stay of discovery pending a motion to dismiss
Keywords: stay of discovery, PSLRA, state v. federal court
Identified State Rule(s): PSLRA
Key Insight: Foreign Arbitration is not a foreign or international tribunal for 28 USC 1782
Nature of Case: securites litigation
Keywords:
Key Insight: Did not withhold irrelevant texts. Judge denied clawback for relevance.
Nature of Case: Contract
Electronic Data Involved: Text Messages
Keywords: clawback, relevance
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,
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
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
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