Tag: Data Privacy

1
T.D.P. v. City of Oakland (Northern District California, San Francisco Division, 2017)
2
Borum v. Smith, No. 17-CV-00017-JHM, 2017 WL 3014487 (W.D. Ky. July 14, 2017)
3
Miller v. Zara USA, 2017 NY Slip Op 04407 [151 AD3d 462] (N.Y. App. June 6, 2017)
4
Iris Mediaworks, Ltd. v. Vasisht (Sup. Ct. N.Y., 2017)
5
Iris Mediaworks, Ltd. v. Vasisht (Sup. Ct. N.Y., 2017)
6
TLS Mgmt. and Mktg. Services v. Rodriguez-Toledo, No. 15-2121 (BJM), 2017 WL 115743 (D. P.R. March 27, 2017)
7
United States v. Lambis (Southern District of New York, 2016)
8
In re Eisenstein (Supreme Court of Mo., 2016)
9
In re Xarelto (Rivaroxaban) Products Liability Litigation (Eastern district of Louisiana MDL, 2016)

T.D.P. v. City of Oakland (Northern District California, San Francisco Division, 2017)

Key Insight: Keyword searching alone may not be sufficient and can be aided by strategies like predictive coding

Nature of Case: civil rights, fourth amendment

Electronic Data Involved: text messages, social media posts

Keywords: keyword searching, predictive coding

View Case Opinion

Borum v. Smith, No. 17-CV-00017-JHM, 2017 WL 3014487 (W.D. Ky. July 14, 2017)

Key Insight: mere statement that disclosure would provide competitors with advantage doesn’t satisfy elements of trade secret.

Nature of Case: medical negligence

Electronic Data Involved: electronic health record (EHR) system

Keywords: confidential and proprietary trade secrets, protective order

View Case Opinion

Miller v. Zara USA, 2017 NY Slip Op 04407 [151 AD3d 462] (N.Y. App. June 6, 2017)

Key Insight: Attorney client privilege and work product protections for communications from company devices

Nature of Case: employment discrimination

Electronic Data Involved: Company laptop data

Keywords: attorney client privilege, computer forensics, privacy policy, work product

Identified State Rule(s): CPLR 3103

Iris Mediaworks, Ltd. v. Vasisht (Sup. Ct. N.Y., 2017)

Key Insight: Defendant hacking of Plaintiff business email account, including confidential attorney-client communications.

Nature of Case: Trade secrets violation

Electronic Data Involved: business email account

Keywords: Email theft, hacking, sanctions.

Identified Local Court Rule(s): defendant showed a “disregard for the judicial process.”

TLS Mgmt. and Mktg. Services v. Rodriguez-Toledo, No. 15-2121 (BJM), 2017 WL 115743 (D. P.R. March 27, 2017)

Key Insight: ESI “willfully discarded or deleted”

Nature of Case: Alleged violations of the electronic Communications Privacy Act against defendants accused of stealing plaintiff’s clients and confidential information.

Electronic Data Involved: defendant’s iPhone, laptop and external hard drive

Keywords: adverse-inference instruction, forensic examination of a flash drive.

View Case Opinion

In re Eisenstein (Supreme Court of Mo., 2016)

Key Insight: Concealment and use of electronic evidence improperly obtained by a client.

Nature of Case: Divorce.

Electronic Data Involved: Email, hacked and stolen from the wife’s private email account.

Keywords: Unwarranted intrusions into privileged relationships. Stolen evidence.

Identified State Rule(s): 4-4.4(a); 4-8.4(c); 4-3.4(a)

In re Xarelto (Rivaroxaban) Products Liability Litigation (Eastern district of Louisiana MDL, 2016)

Key Insight: personnel files are not maintained by the custodian, they are maintained by HR and contain personal information and are not discoverable

Nature of Case: products liability

Electronic Data Involved: employee personnel files of people that plaintiffs want to depose

Keywords: discoverability, relevancy, personnel files

View Case Opinion

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