Tag: Third Party Discovery

1
Ohio A. Philip Randolph Institute, et al. v. Obhof (6th Circuit, 2020)
2
United States v. Hoang, No. 2:17-cr-0444-TC (District of Utah, Central Division, 2019)
3
In re Petrobras Sec. Litig., No. 14-cv-9662 (United States District Court Souther District of New York, 2019)
4
Lotus Indus., LLC v. Archer (E.D. Mich., 2019)
5
Shamrock-Shamrock, Inc. v. Remark (Florida, 2019)
6
U.S. v. Therrien, No. 2:19-cr-00085 (D. Vt. Mar. 13, 2019).
7
Katz et al. v. Liberty Power Corp., LLC et al. – 18-cv-10506-ADB (District of Mass. , 2019)
8
Vasquez-Santos V. Mathew (N.Y. App. Div. , 2019)
9
Fair v. Communications Unlimited, Inc. (E.D. MO, 2019)
10
Facebook, Inc. v. Wint (D.C. App. , 2019)

Ohio A. Philip Randolph Institute, et al. v. Obhof (6th Circuit, 2020)

Key Insight: third parties want the court to investigate all of the people that had access to discovery materials and assure that they are destroyed for fear of future litigation or political liability

Nature of Case: gerrymandering

Electronic Data Involved: discovery that had been produced

Keywords: preserving confidentiality of information, public accessibility

View Case Opinion

United States v. Hoang, No. 2:17-cr-0444-TC (District of Utah, Central Division, 2019)

Key Insight: Request for email accounts at Comcast and Google

Nature of Case: Trade Secret Theft

Electronic Data Involved: archived e-mail, file backups, electronic files

Keywords: no privacy interest in [another person?s] email account, even if some of [defendant?s] emails were discovered there.

Lotus Indus., LLC v. Archer (E.D. Mich., 2019)

Key Insight: Whether a subpoenaed third party is entitled to costs and portion of fees before engaging in document processing

Nature of Case: RICO and First Amendment Retaliation

Electronic Data Involved: documents

Keywords: fee shifting, undue burden, costs and fees

View Case Opinion

Shamrock-Shamrock, Inc. v. Remark (Florida, 2019)

Key Insight: Non party third parties do not have a duty to preserve in anticipation of litigation.

Nature of Case: Spoliation (property rezoning)

Electronic Data Involved: Electronic documents

Keywords: Preservation, spoliation, third-party, Shamrock

Identified State Rule(s): 440.39(7)

View Case Opinion

U.S. v. Therrien, No. 2:19-cr-00085 (D. Vt. Mar. 13, 2019).

Key Insight: contention that personal information was improperly subpoenaed (without a search warrant) from Google in violation of 4th amendment. Third party doctrine.

Nature of Case: transport of child pornography

Electronic Data Involved: google subscriber information, IP address information

Keywords: motion to suppress, warrantless searches, “special solicitude for location information,” no reasonable expectation of privacy

Katz et al. v. Liberty Power Corp., LLC et al. – 18-cv-10506-ADB (District of Mass. , 2019)

Key Insight: whether discovery can be bifurcated for the purpose of a dispositive motion and third party discovery

Nature of Case: Violation of the Telephone Consumer protection Act of 1991.

Electronic Data Involved: bifurcated discovery, emails, third party telephone records

Keywords: bifurcated discovery, class discovery, stayed discovery,

View Case Opinion

Vasquez-Santos V. Mathew (N.Y. App. Div. , 2019)

Key Insight: whether social media photos or videos where the party is tagged can be discoverable with limitations

Nature of Case: Personal injury

Electronic Data Involved: social media photographs, social media private access

Keywords: tagged, social media access, alleged restriction or disability, photo, basketball, car accident

Fair v. Communications Unlimited, Inc. (E.D. MO, 2019)

Key Insight: P subpoenaed for documents from a third-party after failing to receive the same information from defendant

Nature of Case: employment dispute

Electronic Data Involved: contracts/agreements, subcontractor agreements, financial information, e-mail

Keywords: subcontractor, independent contractor, technician, subpoena, third-party, undue burden on a person subject to subpoena

View Case Opinion

Facebook, Inc. v. Wint (D.C. App. , 2019)

Key Insight: Stored Communications Act precludes Facebook from complying with a subpoena that requested contents of communications on the social media platform

Nature of Case: Criminal appeal, Murder

Electronic Data Involved: Social media accounts

Keywords: social media, facebook, SCA, subpoena, Criminal, serious constitutional doubt

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