Tag: Forensic Imaging

1
Eagle Air Med et al v. Sentinel Air Medical Alliance et al (D. Utah, 2018)
2
Henson v. Turn (Northern District of California, 2018)
3
Garrett v. University of South Florida Board of Trustees, No. 17-cv-2874-T-23AAS (M.D. Fla. Sept. 14, 2018)
4
Malone v. Weiss (Eastern District Pennsylvania, 2018)
5
Trainer v. Continental Carbonic Products, Inc., No. 16-cv-4335 (D. Minn. June 15, 2018)
6
Wooten v. BNSF Railway Company (D. Mont., 2018)
7
GoPro, Inc. v. 360Heros, Inc., No. 16-cv-01944-SI (N.D. Cal. March 30, 2018)
8
Apex Colors, Inc. v. Chemworld International Limited, Inc. (N.D. Ind., 2018)
9
Allstate Insurance Co. v. Papanek (No. 3:15-cv-240, 2018 (S.D. Ohio Jan. 5, 2018), 2018)
10
RealPage v. Enterprise Risk Control, No. 4:16-CV-00737, 2017 WL 3313729 (E.D. Tex. Aug. 3, 2017)

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

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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

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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

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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

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Trainer v. Continental Carbonic Products, Inc., No. 16-cv-4335 (D. Minn. June 15, 2018)

Key Insight: proportionality, spoliation sanctions

Nature of Case: wrongful termination

Electronic Data Involved: text messages, e-mails

Keywords: spoliation, forensic imaging, relevance, duty to preserve, intent to deprive, prejudice, attorney’s fees

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Apex Colors, Inc. v. Chemworld International Limited, Inc. (N.D. Ind., 2018)

Key Insight: Third party provided date limited information to Plaintiff, Defendant sought entire image; Date Limited information provided to Plaintiff was all Plaintiff was required to produce.

Nature of Case: Trade Secrets, Bankruptcy, Civil Consipiracy

Electronic Data Involved: Forensic Image of Laptop

Keywords: forensic image; date-limited, third party

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Allstate Insurance Co. v. Papanek (No. 3:15-cv-240, 2018 (S.D. Ohio Jan. 5, 2018), 2018)

Key Insight: whether there was accessibility problems or undue burden or cost associated with turning over phones and computers for forensic imaging; also, whether it was sufficient to have plaintiff’s employee’s conduct a search for responsive ESI

Nature of Case: breach of contract, tortious interference

Electronic Data Involved: e-mails, phone messages, physical computers and cellphones and their data

Keywords: “former business relationship”, “information may be discoverable even if not ultimately admissible into evidence”, “Allstate, however, agreed to produce responsive information within its custody”

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RealPage v. Enterprise Risk Control, No. 4:16-CV-00737, 2017 WL 3313729 (E.D. Tex. Aug. 3, 2017)

Key Insight: Deletion of files, destruction of evidence.

Nature of Case: Alleged defendant use of plaintiff’s trade-secret information

Electronic Data Involved: computer images

Keywords: destruction of evidence, forensic examination

View Case Opinion

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