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
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.
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
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
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.
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
Key Insight: attorney on email to multiple parties seeking input on plan implementation not privileged
Nature of Case: wrongful termination
Electronic Data Involved: emails
Keywords: attorney client privilege
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
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
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
Copyright © 2022, K&L Gates LLP. All Rights Reserved.