Key Insight: if use of publicly available information provided by a source for profit can be restricted by the source of the information
Nature of Case: violation of computer fraud and abuse act.
Electronic Data Involved: publicly available information available on websites like linkedin
Keywords: public interest, publicly available data, preliminary injunction
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
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
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
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.
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.
Key Insight: Absent a search warrant, the Government may not turn a citizen’s cellphone into a tracking device.
Nature of Case: Drug Trafficking
Electronic Data Involved: cell site location information, cellphone location
Keywords: pings, cell phones, CSLI, cell site, pen register information
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)
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
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