Data Privacy – Page 2 – Electronic Discovery Law

Denson v. Corp. of the President of the Church of Jesus Christ of Latter-Day Saints (D. Utah, 2020)

Jun 29 2020

Key Insight: Plaintiff’s explanation regarding loss of evidence had changed and court ruled that defendant was entitled to have a third party collect and preserve the evidence. Plaintiff offered passwords to accounts, but court was concerned about possible destruction given Plaintiff’s changing explanation regarding social media accounts and recording.

Nature of Case: Sexual Assault

Electronic Data Involved: Electronic Devices and Cloud Based Accounts; Recording of conversation

Keywords: invasion of privacy, loss of evidence

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Taylor v. Kilmer (Northern District of Illionis, 2020)

Feb 07 2020

Key Insight: argue that those requests and subpoenas are overly broad

Nature of Case: Motor vehicle accident negligence, personal injury

Electronic Data Involved: medical bills, records, and data for treatment received over a year before incident pertaining to rate of reimbursement

Keywords: subpoena, provider billing structure, medical billing and records, overly broad and burdensome

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Nevis v. Rideout Memorial Hospital, et al. (Eastern District of California, 2020)

Feb 06 2020

Key Insight: Plaintiff was made aware that he had to preserve his phone records and text records and than failed to do so

Nature of Case: personal injury and liability

Electronic Data Involved: plaintiff’s cell phone and text messages

Keywords: spoliation, text messages, phone records, cell phone, preservation

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Ohio A. Philip Randolph Institute, et al. v. Obhof (6th Circuit, 2020)

Feb 05 2020

Key Insight: third parties want the court to investigate all of the people that had access to discovery materials and assure that they are destroyed for fear of future litigation or political liability

Nature of Case: gerrymandering

Electronic Data Involved: discovery that had been produced

Keywords: preserving confidentiality of information, public accessibility

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Rhino Metals, Inc. v. Sturdy Gun Safe, Inc. (District of Idaho, 2020)

Jan 22 2020

Key Insight: two reports for different suits, written by the same expert. defendants in those cases subpoenaed each other’s report to get it without confidentiality restrictions

Nature of Case: intellectual property infringement

Electronic Data Involved: expert report deemed confidential

Keywords: subpoena, expert report, confidential, privilege, protective order

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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

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Pacific Biosciences of California, Inc. v. Oxford Nanopore Technologies, Inc. et al. (District of Delaware, 2019)

Nov 04 2019

Key Insight: public interest in court pleadings, discovery motions shouldn’t be redacted

Nature of Case: patent infringement

Electronic Data Involved: discovery pleadings

Keywords: sealing judicial record, discovery pleadings, burden to show disclosure would cause injury

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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

Tag:Data Privacy