Key Insight: whether discovery should extend beyond the period of the statute of limitations
Nature of Case: Breach of implied warranty of merchantability
Electronic Data Involved: e-mails
Keywords: label, trans fat, heightened showing
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: A contract clause limiting liability for data breaches caused by third parties is not unconscionable. However, this clause does not bar negligence claims for failing to comply with minimum data-security standards.
Nature of Case: data-breach class action
Electronic Data Involved: customer personal data
Keywords: data security, personal data, breach, unconscionable
Key Insight: relevant to see if distracted driving but three days worth disproportionate
Nature of Case: personal injury
Electronic Data Involved: cell phone records
Keywords: truck driver’s cell phone activity to see if distracted
Key Insight: Redactions of sensitive customer information unjustified where protective order in place
Nature of Case: Libel, Assault, Slander
Electronic Data Involved: emails and business records
Keywords: redactions
Key Insight: Whether compelling the defendant to enter his cell phone password would violate his privilege against self incrimination under 5th Amendment and art. 12 of Mass Declaration of Rights
Nature of Case: Trafficking a person for sexual servitude
Electronic Data Involved: data held on cell phone
Keywords: Cell phone password, 5th Amendment
Identified State Rule(s): Mass. art. 12.
Identified Federal Rule(s): 5th Amendment
Key Insight: European privacy requirements preclude the production of personal data but a foreign country’s statute does nto deprive an American court the power to order production .
Nature of Case: Patent Infringement
Electronic Data Involved: Emails from a single individual
Keywords: international privacy statute, personal data,
Key Insight: whether social media photos or videos where the party is tagged can be discoverable with limitations
Nature of Case: Personal injury
Electronic Data Involved: social media photographs, social media private access
Keywords: tagged, social media access, alleged restriction or disability, photo, basketball, car accident
Key Insight: Stored Communications Act precludes Facebook from complying with a subpoena that requested contents of communications on the social media platform
Nature of Case: Criminal appeal, Murder
Electronic Data Involved: Social media accounts
Keywords: social media, facebook, SCA, subpoena, Criminal, serious constitutional doubt
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