Key Insight: government acquisition of cell site location information (CSLI); Fourth Amendment
Nature of Case: Criminal
Electronic Data Involved: cell site location information (CSLI)
Keywords: cell site location information (CSLI); Fourth Amendment, search, third-party doctrine, location data, seizure, voluntarily shared, warrant, cell phone, expectation of privacy
Key Insight: 3rd party access to another entity’s electronic database. On appeal, discovery order vacated on four factors: inadequate data request, no evidence that search would find responsive data, order requested data outside plaintiff’s original request, order improperly granted access to data outside litigation’s scope.
Nature of Case: Trade secret theft and interference with patient relationships
Electronic Data Involved: electronic practice management systems in the cloud
Keywords: 3rd party, expert, search, electronic database, cloud, undue intrusion, beyond the scope.
Key Insight: disclosure of public posts, accessible to only specified recipients, 18 U.S.C. ? 2701 (Stored Communications Act)
Nature of Case: Murder
Electronic Data Involved: social media of prosecution witness
Keywords: deleted posts, public, private, Stored Communications Act, Facebook, Twitter, Instagram, implicit consent
Key Insight: whether certain ESI production requests relating to ESI created both before and after a personal injury incident are proportional to the needs of the case
Nature of Case: personal injury, Jones Act
Electronic Data Involved: text messages, call logs, roaming data logs, phone account information, credit card transaction history, bank account transaction history
Keywords: “defendants are fishing”, ” balance of the benefits and burdens of these post-incident discovery requests are not in defendants’ favor”, “wheelhouse”
Key Insight: proportionality, privacy
Nature of Case: labor dispute, class action
Electronic Data Involved: payroll records, electronic documents
Keywords: class action certification, relevance, overbroad
Key Insight: Defendant incurred costs that were “reasonable and necessary to the litigation” via a “time consuming process”, and thus were awarded the costs from the opposing party.
Nature of Case: Violation of the Credit Card Act, class action
Electronic Data Involved: Wide range of documents
Keywords: Predictive coding, seed set, “reasonable and necessary”, Predictive coding cost
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: motion to compel production of documents including confidential patient information
Nature of Case: patent infringement
Electronic Data Involved: database maintained by non-party
Keywords: undue burden and expense on a non-party, subpoena duces tecum
Key Insight: Can private social media and metadata be compelled into discovery?
Nature of Case: Bellwether products liability
Electronic Data Involved: Social media
Keywords: Metadata, social media, private data, public data, privacy
Key Insight: ability to afford production, parties access to the relevant documents, impact on third parties
Nature of Case: Antitrust
Electronic Data Involved: 467,614 documents from electronic and physical files, 130 GB additional documents
Keywords: scope of discovery, antitrust, Sherman, cost/benefit
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