Key Insight: P subpoenaed for documents from a third-party after failing to receive the same information from defendant
Nature of Case: employment dispute
Electronic Data Involved: contracts/agreements, subcontractor agreements, financial information, e-mail
Keywords: subcontractor, independent contractor, technician, subpoena, third-party, undue burden on a person subject to subpoena
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
Key Insight: Attorney’s fees for unduly burdensome third party subpoenas are compensated
Nature of Case: Trusts and estates
Electronic Data Involved: Emails
Key Insight: Party could obtain discovery of websites archived by American company for use in a foreign tribunal
Nature of Case: trademark enforcement
Electronic Data Involved: archived websites
Keywords: foreign discovery, archived websites, Section 1782 application, international trademark enforcement
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: The common interest exception to AC privilege allowing the presence of a third party doesn’t apply when the third party is not represented by counsel
Nature of Case: patent infringement
Electronic Data Involved: archived email
Keywords: common interest doctrine, privilege, third party, common legal strategy, unrepresented party
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: Attorney’s fees for unduly burdensome third party subpoenas are compensated
Nature of Case: Trusts and estates
Electronic Data Involved: Emails
Keywords: third party, subpoena, attorney’s fees, reimbursement, cost shifting
Key Insight: relevance of search terms, proportionality
Nature of Case: breach of contract, trade secrets
Keywords: sanctions, motion to compel, search terms, third-party subpoenas, personal capacity, proportionality, attorney’s fees, current version, pending motion for protective order
Key Insight: Expenses responding to a subpoena also include fees spent on narrowing scope and litigation about the subpoena
Nature of Case: Discovery dispute
Keywords: Subpoena, reimbursement, third-party, cost shifting
Copyright © 2022, K&L Gates LLP. All Rights Reserved.