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: 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: 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: 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: 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
Key Insight: Requiring disclosure of a password implicates fifth amendment right against self-incrimination
Nature of Case: Unlawful possession of controlled substance
Electronic Data Involved: Password to cell phone
Keywords: 5th amendment, password, self-incrimination, cocaine, foregone conclusion
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: Rule 45 subpoena to defendant upheld and party warned over boilerplate objections
Nature of Case: Trade Secret Misappropriation
Electronic Data Involved: documents
Keywords: judge warns of sanctions
Key Insight: objection that requests are not relevant because requesting party’s defense is meritless is sanctionable
Nature of Case: interception of communication, defamation
Electronic Data Involved: email, text messages, calendars
Keywords: improper objection sanctioned
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,
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