Archive: July 2019

1
In re Petrobras Sec. Litig., No. 14-cv-9662 (United States District Court Souther District of New York, 2019)
2
Laub v. Horbaczewski, No. 2:17-CV-06210 JAK (KSx) (C.D. Cal. July 30, 2019).
3
Johnson v. Duxbury (First Circuit Court of Appeals, 2019)
4
In The Matter of the Search of A White Google Pixel 3 XL Cellphone in a Black Incipio Case (District of Idaho, 2019)
5
Hardy v. UPS Ground Freight, Inc. (D. Mass., 2019)
6
Mercado-Cordova v. Walmart Puerto Rico et al (D.P.R., 2019)
7
Cordova v. Walmart Puerto Rico, Inc., et al., No. 16-2195 (ADC) (D.P.R. July 16, 2019)
8
Opternative, Inc. v. Jand, Inc., 17-CV-6936 (RA)(SN) (S.D.N.Y. July 12, 2019)
9
Philmar Dairy, LLC v. Armstrong Farms, No. 18-cv-0530 SMK/KRS (D. N.M. July 11, 2019)
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Tafolla v. County of Suffolk, No. CV-17-4897 (E.D.N.Y. July 8, 2019)

Laub v. Horbaczewski, No. 2:17-CV-06210 JAK (KSx) (C.D. Cal. July 30, 2019).

Key Insight: Did not withhold irrelevant texts. Judge denied clawback for relevance.

Nature of Case: Contract

Electronic Data Involved: Text Messages

Keywords: clawback, relevance

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Johnson v. Duxbury (First Circuit Court of Appeals, 2019)

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,

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In The Matter of the Search of A White Google Pixel 3 XL Cellphone in a Black Incipio Case (District of Idaho, 2019)

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

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Hardy v. UPS Ground Freight, Inc. (D. Mass., 2019)

Key Insight: whether failure to provide text messages talked was spoliation of evidence

Nature of Case: employment discrimination

Electronic Data Involved: forensic imaging of plaintiff’s cell phone, relevant text messages

Keywords: text messages, forensic imaging of cell phone, spoliation

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Mercado-Cordova v. Walmart Puerto Rico et al (D.P.R., 2019)

Key Insight: inadvertent failure to preserve email evidence leads to monetary sanctions and adverse inference but no termination

Nature of Case: employment

Electronic Data Involved: pictures

Keywords: deleting facebook

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Opternative, Inc. v. Jand, Inc., 17-CV-6936 (RA)(SN) (S.D.N.Y. July 12, 2019)

Key Insight: Protective Order in place regarding source code. Defendant asked for portion to be printed, which was refused. Plaintiff was ordered to produce requested source code.

Nature of Case: Unlawful Use of Information

Electronic Data Involved: Source Code, Log Files, File Directory

Keywords: Source Code; Protective Order

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Philmar Dairy, LLC v. Armstrong Farms, No. 18-cv-0530 SMK/KRS (D. N.M. July 11, 2019)

Key Insight: Defendant changed phones and with them photos of fire were lost. Plaintiff requested sanctions due to loss of photos. Court rejects sanction as Defendant could not have known about litigation when phones changed.

Nature of Case: Breach of Contract; Fraud

Electronic Data Involved: Cell Phone Photos

Keywords: spoilation; sanctions

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