Legal issues, news and best practices relating to the discovery of electronically stored information.
Key Insight: Denied discovery of cell phone location data because information available from less intrusive sources
Nature of Case: medical malpractice
Electronic Data Involved: location data
Keywords: cell phone location data
Key Insight: whether plaintiff has a duty preserve audio recordings prior to counter claims
Nature of Case: breach of contract
Electronic Data Involved: Audio recordings
Keywords: trespass to chattels, conspiracies, replevin
Key Insight: communication between agency and client relevant but too burdensome in relation to claims
Nature of Case: Fair Debt Collection Practices Act (FDCPA)
Electronic Data Involved: communication between collection agency and hospitals
Keywords: hospital collections
Key Insight: failure to preserve electronically stored information. Claim that no spoliation occurred because records are available from 3rd parties. Under 37(e), information is lost only if it is irretrievable from another source.
Nature of Case: Improper business practices
Electronic Data Involved: google email accounts and electronic dealer management system records
Keywords: failure to preserve. “it cannot be restored or replaced through additional discovery.” FRCP 37(e)
Key Insight: The court reversed the suppression of emails due to Leon good faith exception
Nature of Case: Visa fraud, Trade secrets
Electronic Data Involved: e-mails
Keywords: Probable cause, Leon good faith exception
Key Insight: forensic inspection of computers not proportional to needs of case
Nature of Case: Trade Secret Misappropriation under the Defend Trade Secrets Act
Electronic Data Involved: computer
Keywords: forensic inspection
Key Insight: contention that personal information was improperly subpoenaed (without a search warrant) from Google in violation of 4th amendment. Third party doctrine.
Nature of Case: transport of child pornography
Electronic Data Involved: google subscriber information, IP address information
Keywords: motion to suppress, warrantless searches, “special solicitude for location information,” no reasonable expectation of privacy
Key Insight: Lack of action taken is not a reasonable step to maintain evidence and can lead to spoliation sanctions
Nature of Case: Employment/breach of contract
Electronic Data Involved: Email, text messages
Keywords: 30 day deletion, InoSpine
Key Insight: whether court should suspend discovery while motion to dismiss is pending
Nature of Case: consumer class action (express warranty)
Keywords: stayed, suspended, pending motion
Key Insight: Motion for class certification requires discovery regarding number of recorded calls defendant made.
Nature of Case: Illegal recording of cellular phone conversations
Electronic Data Involved: Extrapolation of total number of recorded phone calls defendant made to CA residents during the relevant time period.
Keywords: unduly burdensome and disproportionate
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