Archive: 2019

1
United States v. Norris (9th Circuit, 2019)
2
United States v. Hoang, No. 2:17-cr-0444-TC (District of Utah, Central Division, 2019)
3
Pacific Biosciences of California, Inc. v. Oxford Nanopore Technologies, Inc. et al. (District of Delaware, 2019)
4
Lawson v. Love?s Travel Stops & Country Stores, Inc., No. 1:17-CV-1266 (M.D. Pa. Oct. 31, 2019)
5
In re: Search Warrant Issued June 13, 2019 (4th Circuit, 2019)
6
Schmidt v. Shifflett, 1:18-cv-00663-KBM-LF (D.N.M. Aug. 6, 2019).
7
Guardiola v. Adams Cty. School District No. 14 et al. (D.Col., 2019)
8
Montoya v. Loya Insurance Company (District of New Mexico, 2019)
9
County of Cook v. Bank of America Corp. (N.D. Ill., 2019)
10
Boehm v. Pure Debt Solutions Corporation – 8:19-cv-00117-LSC-CRZ (District of Nebraska, 2019)

United States v. Norris (9th Circuit, 2019)

Key Insight: Whether accessing a person’s information through an IP address being wired through an outside router is a violation of the 4 amendment

Nature of Case: criminal – possession and distribution of child pornography

Electronic Data Involved: IP address and location

Keywords: search and seizure, IP address, wireless router, subjective expectation of privacy

View Case Opinion

United States v. Hoang, No. 2:17-cr-0444-TC (District of Utah, Central Division, 2019)

Key Insight: Request for email accounts at Comcast and Google

Nature of Case: Trade Secret Theft

Electronic Data Involved: archived e-mail, file backups, electronic files

Keywords: no privacy interest in [another person?s] email account, even if some of [defendant?s] emails were discovered there.

Pacific Biosciences of California, Inc. v. Oxford Nanopore Technologies, Inc. et al. (District of Delaware, 2019)

Key Insight: public interest in court pleadings, discovery motions shouldn’t be redacted

Nature of Case: patent infringement

Electronic Data Involved: discovery pleadings

Keywords: sealing judicial record, discovery pleadings, burden to show disclosure would cause injury

View Case Opinion

Lawson v. Love?s Travel Stops & Country Stores, Inc., No. 1:17-CV-1266 (M.D. Pa. Oct. 31, 2019)

Key Insight: Request for text message production by Plaintiffs was considered too broad, but court allowed for modification to more narrowly tailored request.

Nature of Case: Fair Labor Standards Act

Electronic Data Involved: text messages

Keywords: Texts; proportionality

View Case Opinion

In re: Search Warrant Issued June 13, 2019 (4th Circuit, 2019)

Key Insight: whether the government can create a filter team to go through documents that may be privileged

Nature of Case: money laundering and obstruction of a federal investigation

Electronic Data Involved: documents seized from a law firm that is subject to attorney client privilege

Keywords: filter team, attorney client privilege, work product, search warrant.

View Case Opinion

Schmidt v. Shifflett, 1:18-cv-00663-KBM-LF (D.N.M. Aug. 6, 2019).

Key Insight: Severe sanctions will not be granted where bad faith cannot be proved and no prejudice.

Nature of Case: Automobile collision.

Electronic Data Involved: Mobile phone data.

Keywords: intentional destruction, adverse inference

View Case Opinion

Montoya v. Loya Insurance Company (District of New Mexico, 2019)

Key Insight: is it spoliation for an insurance company to destroy a recorded statement of the accident when the loss of the information is minimally prejudicial

Nature of Case: insurance bad faith

Electronic Data Involved: Audio Recordings, recorded statement

Keywords: recorded statement, prejudice, spoliation

View Case Opinion

County of Cook v. Bank of America Corp. (N.D. Ill., 2019)

Key Insight: Absolute perfection is not a goal of the discovery process. The county’s claim of burden is unsubstantiated, there is no burden claimed but for ESI privilege review. The burden does not outweigh the proportionality here.

Nature of Case: Fair Housing Act violations

Electronic Data Involved: ESI information concerning mortgage, marketing, etc

Keywords: Proportionality, TAR, burden

View Case Opinion

Boehm v. Pure Debt Solutions Corporation – 8:19-cv-00117-LSC-CRZ (District of Nebraska, 2019)

Key Insight: preservation of data for future discovery in class action.

Nature of Case: Violation of Telephone Consumer Protection Act

Electronic Data Involved: data or documents that may be relevant to a putative class action.

Keywords: preservation, class action, third-party preservation

View Case Opinion

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