Tag: Text Message

1
Herzig et al. v. Arkansas Foundation for Medical Care Inc. (District Court of Western Arkansas, 2019)
2
Jacops v. Foreportal Inc. (District Court of Nebraska, 2019)
3
Siemers v. BNSF Railway Co. (D. Neb., 2019)
4
Nuvasive, Inc. v. Kormanis (Middle District of North Carolina, 2019)
5
Finjan, Inc. v. Zscaler, Inc. (N.D. California, 2019)
6
DR Distrib., LLC v. 21 Century Smoking, Inc. (N.D. Ill., 2019)
7
Hunters Run Gun Club v. Baker, No. 3:17-cv-00176 (M.D. La, 2019)
8
Alarm Grid, Inc. v. AlarmClub.com, Inc. (Southern District of Florida, 2018)
9
Dufrene v. American Tugs Inc. (District Court of Eastern Louisiana, 2018)
10
Franklin v. Howard Brown Health Ctr., No. 17 C 8376 (N.D. Ill. Oct. 4, 2018)

Herzig et al. v. Arkansas Foundation for Medical Care Inc. (District Court of Western Arkansas, 2019)

Key Insight: Responsive communications were intentionally withheld and destroyed when the plaintiffs switched to an encrypted communication app

Nature of Case: wrongful termination and age discrimination

Electronic Data Involved: emails, text messages.

Keywords: Intentional spoliation, bad faith, encrypted communication application

View Case Opinion

Siemers v. BNSF Railway Co. (D. Neb., 2019)

Key Insight: whether plaintiff was required to turn over subpoenaed phone records (without content)

Nature of Case: Federal Employers Liability Act (FELA)

Electronic Data Involved: telephone records

Keywords: subpoena, privacy, phone records, overbroad

View Case Opinion

Nuvasive, Inc. v. Kormanis (Middle District of North Carolina, 2019)

Key Insight: Lack of action taken is not a reasonable step to maintain evidence and can lead to spoliation sanctions

Nature of Case: Employment/breach of contract

Electronic Data Involved: Email, text messages

Keywords: 30 day deletion, InoSpine

View Case Opinion

Finjan, Inc. v. Zscaler, Inc. (N.D. California, 2019)

Key Insight: European privacy requirements preclude the production of personal data but a foreign country’s statute does nto deprive an American court the power to order production .

Nature of Case: Patent Infringement

Electronic Data Involved: Emails from a single individual

Keywords: international privacy statute, personal data,

View Case Opinion

DR Distrib., LLC v. 21 Century Smoking, Inc. (N.D. Ill., 2019)

Key Insight: Plaintiffs object to dismissal of a counterclaim against them because Defendant’s desire to dismiss the claim is related to loss of relevant ESI

Nature of Case: defamation, trademark infringement

Electronic Data Involved: E-mail, instant messages

Keywords: counterclaim, motion to amend, diligent, dismissal

View Case Opinion

Hunters Run Gun Club v. Baker, No. 3:17-cv-00176 (M.D. La, 2019)

Key Insight: The refusal to provide written authorization allowing a service provider to release text message records constitutes “possession, custody, or control” of those text messages.

Nature of Case: lease termination by law enforcement

Electronic Data Involved: text messages

Keywords: release of records, written authorization

View Case Opinion

Alarm Grid, Inc. v. AlarmClub.com, Inc. (Southern District of Florida, 2018)

Key Insight: Recorded phone call between party and copyright agent regarding image timing confidential at prelitigation phase

Nature of Case: copyright dispute

Electronic Data Involved: phone call recording

Keywords: protective order, confidential phone call, work-product

Identified State Rule(s): FRBC Rule 4-4.1, 4-1.2

Identified Federal Rule(s): 26(b)(3), 37(a)(5)

View Case Opinion

Franklin v. Howard Brown Health Ctr., No. 17 C 8376 (N.D. Ill. Oct. 4, 2018)

Key Insight: ineffective litigation hold, failure to preserve electronic evidence

Nature of Case: workplace harassment and discrimination

Electronic Data Involved: emails, text messages, instant messages

Keywords: instant messages, faulty and failed litigation hold, the defendant “bollixed its litigation hold”

View Case Opinion

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