Tag: Forensic Imaging

1
Carrington v Graden, (S.D.N.Y. 2020)
2
U.S. v. Morgan (Western District of New York, 2020)
3
Healthplan Serv., Inc. v. Dixit, et al (M.D. Florida, 2019)
4
In re Apple Inc. (D. Md., 2019)
5
Hardy v. UPS Ground Freight, Inc. (D. Mass., 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)
7
Eagle Air Med et al v. Sentinel Air Medical Alliance et al (D. Utah, 2018)
8
Henson v. Turn (Northern District of California, 2018)
9
Garrett v. University of South Florida Board of Trustees, No. 17-cv-2874-T-23AAS (M.D. Fla. Sept. 14, 2018)
10
Malone v. Weiss (Eastern District Pennsylvania, 2018)

Carrington v Graden, (S.D.N.Y. 2020)

Key Insight: Plaintiff was discovered to have fabricated emails. Court awarded over $500,000 in damages to Defendant.

Nature of Case: antitrust litigation

Electronic Data Involved: Emails

Keywords: sanctions,m fabricated evidence

View Case Opinion

U.S. v. Morgan (Western District of New York, 2020)

Key Insight: encryption

Nature of Case: Conspiracy to commit wire fraud and bank fraud; Money Laundering conspiracy

Electronic Data Involved: Servers, computers, storage media, iPhone

Keywords: Search warrant; “GrayKey” program to access passcodes; Unreasonable retention of the iPhone; Motion for Return of Property; 3 part test – 1.entitled to possession, 2. property not contraband, 3. either seizure was illegal or the government’s need for the property as evidence has ended; evidentiary burden

View Case Opinion

Hardy v. UPS Ground Freight, Inc. (D. Mass., 2019)

Key Insight: whether failure to provide text messages talked was spoliation of evidence

Nature of Case: employment discrimination

Electronic Data Involved: forensic imaging of plaintiff’s cell phone, relevant text messages

Keywords: text messages, forensic imaging of cell phone, spoliation

View Case Opinion

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

View Case Opinion

Eagle Air Med et al v. Sentinel Air Medical Alliance et al (D. Utah, 2018)

Key Insight: ordered forensic examination and sanctions (threatened terminating sanctions) for failure to disclose reconstructed hard drive

Nature of Case: personal injury

Electronic Data Involved: computer files

Keywords: converted motion for sanctions to motion to compel

View Case Opinion

Henson v. Turn (Northern District of California, 2018)

Key Insight: Direct inspection of mobile devices for specific information (browsing history/cookies) or the full web browsing history/cookies is not proportional to matters regarding a single company’s websites

Nature of Case: Data privacy

Electronic Data Involved: Cookies, internet history

Keywords: zombie cookie, Verizon, respawn, orwellian irony

View Case Opinion

Garrett v. University of South Florida Board of Trustees, No. 17-cv-2874-T-23AAS (M.D. Fla. Sept. 14, 2018)

Key Insight: cost-shifting, proportionality

Nature of Case: Title IX violation

Electronic Data Involved: computer, cell phone, text messages

Keywords: privacy interests, forensic examination, attorney’s fees and costs, inconsistent testimony

View Case Opinion

Malone v. Weiss (Eastern District Pennsylvania, 2018)

Key Insight: Fabricated evidence justified sanction of dismissing case

Nature of Case: fraud, breach of contract

Electronic Data Involved: archived email

Keywords: spoliation, closely held corporation, fabricated emails

View Case Opinion

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