Tag: Data Privacy

1
Pacific Biosciences of California, Inc. v. Oxford Nanopore Technologies, Inc. et al. (District of Delaware, 2019)
2
United States v. Norris (9th Circuit, 2019)
3
Hawkins v. The Kroger Company (District Court of Southern California, 2019)
4
Kadiyala, individually, and as assignee of Credit Union Mortgage Utility Banc, Inc. v. Pupke (S.D. Fla, 2019)
5
Johnson v. Duxbury (First Circuit Court of Appeals, 2019)
6
In The Matter of the Search of A White Google Pixel 3 XL Cellphone in a Black Incipio Case (District of Idaho, 2019)
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Bass v. Facebook, Inc., No. 18-cv-05982 (N.D. Cal., 2019)
8
Kizer et al v. Starr Indemnity and Liability Co et al (W.D. Okla., 2019)
9
Jenkins v. Sullivan, et al. (S.D. Ohio, 2019)
10
Commonwealth v. Jones, SJC-12564 (Mass. Mar. 6, 2019)

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

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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

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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

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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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Bass v. Facebook, Inc., No. 18-cv-05982 (N.D. Cal., 2019)

Key Insight: A contract clause limiting liability for data breaches caused by third parties is not unconscionable. However, this clause does not bar negligence claims for failing to comply with minimum data-security standards.

Nature of Case: data-breach class action

Electronic Data Involved: customer personal data

Keywords: data security, personal data, breach, unconscionable

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Kizer et al v. Starr Indemnity and Liability Co et al (W.D. Okla., 2019)

Key Insight: relevant to see if distracted driving but three days worth disproportionate

Nature of Case: personal injury

Electronic Data Involved: cell phone records

Keywords: truck driver’s cell phone activity to see if distracted

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Commonwealth v. Jones, SJC-12564 (Mass. Mar. 6, 2019)

Key Insight: Whether compelling the defendant to enter his cell phone password would violate his privilege against self incrimination under 5th Amendment and art. 12 of Mass Declaration of Rights

Nature of Case: Trafficking a person for sexual servitude

Electronic Data Involved: data held on cell phone

Keywords: Cell phone password, 5th Amendment

Identified State Rule(s): Mass. art. 12.

Identified Federal Rule(s): 5th Amendment

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