Tag: Data Privacy

1
Taylor v. Kilmer (Northern District of Illionis, 2020)
2
Nevis v. Rideout Memorial Hospital, et al. (Eastern District of California, 2020)
3
Ohio A. Philip Randolph Institute, et al. v. Obhof (6th Circuit, 2020)
4
Rhino Metals, Inc. v. Sturdy Gun Safe, Inc. (District of Idaho, 2020)
5
Commonwealth v. Davis (PA Supreme Court, 2019)
6
United States v. Beverly (Fifth Circuit, 2019)
7
Pacific Biosciences of California, Inc. v. Oxford Nanopore Technologies, Inc. et al. (District of Delaware, 2019)
8
United States v. Norris (9th Circuit, 2019)
9
Hawkins v. The Kroger Company (District Court of Southern California, 2019)
10
Kadiyala, individually, and as assignee of Credit Union Mortgage Utility Banc, Inc. v. Pupke (S.D. Fla, 2019)

Taylor v. Kilmer (Northern District of Illionis, 2020)

Key Insight: argue that those requests and subpoenas are overly broad

Nature of Case: Motor vehicle accident negligence, personal injury

Electronic Data Involved: medical bills, records, and data for treatment received over a year before incident pertaining to rate of reimbursement

Keywords: subpoena, provider billing structure, medical billing and records, overly broad and burdensome

View Case Opinion

Nevis v. Rideout Memorial Hospital, et al. (Eastern District of California, 2020)

Key Insight: Plaintiff was made aware that he had to preserve his phone records and text records and than failed to do so

Nature of Case: personal injury and liability

Electronic Data Involved: plaintiff’s cell phone and text messages

Keywords: spoliation, text messages, phone records, cell phone, preservation

View Case Opinion

Ohio A. Philip Randolph Institute, et al. v. Obhof (6th Circuit, 2020)

Key Insight: third parties want the court to investigate all of the people that had access to discovery materials and assure that they are destroyed for fear of future litigation or political liability

Nature of Case: gerrymandering

Electronic Data Involved: discovery that had been produced

Keywords: preserving confidentiality of information, public accessibility

View Case Opinion

Rhino Metals, Inc. v. Sturdy Gun Safe, Inc. (District of Idaho, 2020)

Key Insight: two reports for different suits, written by the same expert. defendants in those cases subpoenaed each other’s report to get it without confidentiality restrictions

Nature of Case: intellectual property infringement

Electronic Data Involved: expert report deemed confidential

Keywords: subpoena, expert report, confidential, privilege, protective order

View Case Opinion

Commonwealth v. Davis (PA Supreme Court, 2019)

Key Insight: computer passwords/access, act of production

Nature of Case: Fifth Amendment violation (Criminal)

Electronic Data Involved: computer files

Keywords: “foregone conclusion” exception, password, search warrant, encryption, testimonial in nature, compulsion of mental processes

Identified State Rule(s): Pa.R.A.P. 313(b)

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

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

Hawkins v. The Kroger Company (District Court of Southern California, 2019)

Key Insight: whether discovery should extend beyond the period of the statute of limitations

Nature of Case: Breach of implied warranty of merchantability

Electronic Data Involved: e-mails

Keywords: label, trans fat, heightened showing

View Case Opinion

Kadiyala, individually, and as assignee of Credit Union Mortgage Utility Banc, Inc. v. Pupke (S.D. Fla, 2019)

Key Insight: A settlement agreement can be discoverable

Nature of Case: Discoverability of settlement agreement

Electronic Data Involved: Settlement Agreement

Keywords: Settlement agreement, confidentiality, sweetheart deal

View Case Opinion

Copyright © 2022, K&L Gates LLP. All Rights Reserved.