Tag: Cloud Computing

1
Denson v. Corp. of the President of the Church of Jesus Christ of Latter-Day Saints (D. Utah, 2020)
2
Urs Corp. v. Atkinson/Walsh Joint Venture (California Appellate Court (unpublished), 2018)
3
In re Methodist Primary Care Grp, 553 S.W.3d 709 (Tex. 14th Dist. Ct. App. June 21, 2018)
4
Abbott Labs. v. Finkel, No. 17-cv-00894-CMA (D. Colo. Nov. 17, 2017)
5
Harleysville Insurance Co. v. Holding Funeral Home, No. 1:15cv00057 (W.D .Va. Feb. 9, 2017)
6
HCC Ins. Holdings v. Flowers, No. 1:15-cv-3262-WSD (N.D. Ga. Jan. 30, 2017).

Denson v. Corp. of the President of the Church of Jesus Christ of Latter-Day Saints (D. Utah, 2020)

Key Insight: Plaintiff’s explanation regarding loss of evidence had changed and court ruled that defendant was entitled to have a third party collect and preserve the evidence. Plaintiff offered passwords to accounts, but court was concerned about possible destruction given Plaintiff’s changing explanation regarding social media accounts and recording.

Nature of Case: Sexual Assault

Electronic Data Involved: Electronic Devices and Cloud Based Accounts; Recording of conversation

Keywords: invasion of privacy, loss of evidence

View Case Opinion

Urs Corp. v. Atkinson/Walsh Joint Venture (California Appellate Court (unpublished), 2018)

Key Insight: Clounsel disqualification for misuse of documents reversed because cloud hosted repository sufficiently destroyed documents

Nature of Case: Breach of contract

Electronic Data Involved: cloud hosted repository

Keywords: disentitlement doctrine, inadvertent disclosure, hosted repository, cloud, counsel disqualification

In re Methodist Primary Care Grp, 553 S.W.3d 709 (Tex. 14th Dist. Ct. App. June 21, 2018)

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.

Abbott Labs. v. Finkel, No. 17-cv-00894-CMA (D. Colo. Nov. 17, 2017)

Key Insight: Defendant had moved business documents to personal dropbox. when terminated, these were deleted, but potentially restored. Plaintiff wanted re-access to confirm deletion. Defendant moved for dismissal and was denied as Plaintiff had plead enough facts to indicate documents still possibly available to Defendant.

Nature of Case: Breach of Contract; Conversion; Misappropriation of Trade Secrets

Electronic Data Involved: Personal Dropbox Containing Business Documents

Keywords: Motion to Dismiss; Access after employment

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Harleysville Insurance Co. v. Holding Funeral Home, No. 1:15cv00057 (W.D .Va. Feb. 9, 2017)

Key Insight: Waiver of privilege for documents inadvertently posted to publicly accessible Box.com location

Nature of Case: insurance coverage litigation

Electronic Data Involved: Box.com uploads

Keywords: Box.com, privilege waiver, publicly accessible, account permissions, file sharing

Identified State Rule(s): Va. Sup. Ct. R. 4.1(b)(6)(ii)

Identified Federal Rule(s): FRE 502(b)

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HCC Ins. Holdings v. Flowers, No. 1:15-cv-3262-WSD (N.D. Ga. Jan. 30, 2017).

Key Insight: Spoliation,

Nature of Case: Trade Secrets

Electronic Data Involved: E-mail accounts, electronic evidence, electronic storage devices, personal and work computers, cloud storage accounts

Keywords: Spoliation, Hot Sheets,

View Case Opinion

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