Archive: July 2016

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Second Circuit: Warrant may not Compel Production of Emails from Ireland
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“A litigant cannot keep its own system secret and then refuse to gather the information itself.”

Second Circuit: Warrant may not Compel Production of Emails from Ireland

In re a Warrant to Search a Certain E-mail Account Controlled & Maintained by Microsoft Corp., No. 14-2985 (2d Cir. July 14, 2016)

In this case, Microsoft Corporation appealed orders from the United States District Court for the Southern District of New York denying its motion to quash a warrant issued under § 2703 of the Stored Communications Act and holding Microsoft in contempt for “refusing to execute the Warrant on the government’s behalf.”  The warrant directed Microsoft to “seize and produce the contents of an e-mail account that it maintains for a customer who uses the company’s electronic communications services.” Although Microsoft produced the relevant customer’s non-content information which was stored in the United States, it refused to access and import data that was stored and maintained in Ireland.

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“A litigant cannot keep its own system secret and then refuse to gather the information itself.”

Labrier v. State Farm Fire & Cas. Co., No. 2:15-cv-04093-NKL, 2016 WL 2689513 (W.D. Mo. May 9, 2016)

Upon Defendant’s refusal to provide Plaintiff with a list of data fields from two proprietary databases or to allow remote access, the Special Master ordered Defendant to respond to written interrogatories meant to provide the information sought by Plaintiff regarding putative class members and damages.  Addressing Defendant’s objection that the discovery (i.e., responding to written interrogatories) was not proportional to the case, the District Court determined that the Special Master had not abused his discretion, reasoning in part that “[a] litigant cannot keep its own system secret and then refuse to gather the information itself.”

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