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: Fourth Amendment, state actor, criminal activity
Nature of Case: unemployment insurance fraud
Electronic Data Involved: text messages, images
Keywords: Civil capacity, cell phone, insurance investigation,
Key Insight: Discoverability of the identity and communications of users of anonymous messaging services.
Nature of Case: Suit against supporters of “Unite the Right” rally
Electronic Data Involved: anonymous communications, anonymous user account info, Discord records
Keywords: anonymous communications, stored communications act, first amendment rights, Discord, third party subpoenas
Key Insight: Whether a search warrant was necessary to ascertain the Defendant’s personal information from a non-governmental third party organization that was forwarded e-mails containing evidence that Defendant possessed child pornography
Nature of Case: criminal prosecution – child pornography
Electronic Data Involved: e-mails, personally identifying information attached to e-email account
Keywords: “The Fourth Amendment to our Constitution protects persons against unreasonable searches and seizures”, “Tolbert moves to suppress”, “Motion to Suppress Evidence”
Key Insight: Failure to disclose ID Card and expert report on testing precluded use of them
Nature of Case: Wrongful Death
Electronic Data Involved: Identification Card
Keywords: Expert Reports; Failure to Disclose
Key Insight: Spoliation; Duty to preserve; AC/WP; Voluntary disclosure doctrine
Nature of Case: Personal injury
Electronic Data Involved: ESI; Videos; Digital data and metadata; Photographs; SD/media card; email; Forensic exam of cell phone
Keywords: Dishonest report of personal injury; Summary Judgment; FRSA; LIA; Spoliation; dispositive sanctions; extraordinary circumstances; Willfulnes; Bad Faith; Prejudices; adverse inference; misappropriated documents; AC/WP
Key Insight: whether the US could discover communications and documents regarding a non-testifying expert’s valuation of IP in question
Nature of Case: intellectual property (IP)
Electronic Data Involved: e-mail, documents
Keywords: non-testifying expert
Identified Local Court Rule(s): RCFC 26(c); RCFC 45(d)(3)
Key Insight: whether there was accessibility problems or undue burden or cost associated with turning over phones and computers for forensic imaging; also, whether it was sufficient to have plaintiff’s employee’s conduct a search for responsive ESI
Nature of Case: breach of contract, tortious interference
Electronic Data Involved: e-mails, phone messages, physical computers and cellphones and their data
Keywords: “former business relationship”, “information may be discoverable even if not ultimately admissible into evidence”, “Allstate, however, agreed to produce responsive information within its custody”
Key Insight: Contract was not ambiguous so extrinsic evidence not admissable. Therefore discovery of file was not proportional or calculated to lead to admissable evidence.
Nature of Case: declaratory judgment and bad faith
Electronic Data Involved: underwriters claim file
Keywords: admissability; proportionality; extrinsic evidence
Key Insight: whether long term care facility must provide clinical records of injury subsequently provided to Quality Assurance Comittee
Nature of Case: personal injury
Electronic Data Involved: Investigative records
Keywords: privileged, Quality Assurance Act
Copyright © 2022, K&L Gates LLP. All Rights Reserved.