Tag: Third Party Discovery

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Fair v. Communications Unlimited, Inc. (E.D. MO, 2019)
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Facebook, Inc. v. Wint (D.C. App. , 2019)
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In re Modern Plastics Corp. v. New Products Corp., No. 17-2256 (6th Cir. Apr. 26, 2018)
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In re Ex Parte Application of Levi Strauss & Co (Northern District of California District Court, 2018)
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In re Methodist Primary Care Grp, 553 S.W.3d 709 (Tex. 14th Dist. Ct. App. June 21, 2018)
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Regents of University of California v. Affymetrix (Southern District of California, District Court, 2018)
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Facebook, Inc. v. Superior Court (Derrick D. Hunter), S230051 Ct. App. 1/5 A144315 (Cal. May 24, 2018)
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In re Modern Plastics Corp (U.S. Ct. App. Sixth Cir., 2018)
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Cen Com, Inc. v. Numerex Corp. (W.D. Wash., 2018)
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Linglong Americas Inc. v. Horizon Tire, Inc., et al., No. 1:15CV01240-DCN (N.D. Ohio Apr. 4, 2018)

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

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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

In re Ex Parte Application of Levi Strauss & Co (Northern District of California District Court, 2018)

Key Insight: Party could obtain discovery of websites archived by American company for use in a foreign tribunal

Nature of Case: trademark enforcement

Electronic Data Involved: archived websites

Keywords: foreign discovery, archived websites, Section 1782 application, international trademark enforcement

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In re Methodist Primary Care Grp, 553 S.W.3d 709 (Tex. 14th Dist. Ct. App. June 21, 2018)

Key Insight: 3rd party access to another entity’s electronic database. On appeal, discovery order vacated on four factors: inadequate data request, no evidence that search would find responsive data, order requested data outside plaintiff’s original request, order improperly granted access to data outside litigation’s scope.

Nature of Case: Trade secret theft and interference with patient relationships

Electronic Data Involved: electronic practice management systems in the cloud

Keywords: 3rd party, expert, search, electronic database, cloud, undue intrusion, beyond the scope.

Regents of University of California v. Affymetrix (Southern District of California, District Court, 2018)

Key Insight: The common interest exception to AC privilege allowing the presence of a third party doesn’t apply when the third party is not represented by counsel

Nature of Case: patent infringement

Electronic Data Involved: archived email

Keywords: common interest doctrine, privilege, third party, common legal strategy, unrepresented party

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Facebook, Inc. v. Superior Court (Derrick D. Hunter), S230051 Ct. App. 1/5 A144315 (Cal. May 24, 2018)

Key Insight: disclosure of public posts, accessible to only specified recipients, 18 U.S.C. ? 2701 (Stored Communications Act)

Nature of Case: Murder

Electronic Data Involved: social media of prosecution witness

Keywords: deleted posts, public, private, Stored Communications Act, Facebook, Twitter, Instagram, implicit consent

In re Modern Plastics Corp (U.S. Ct. App. Sixth Cir., 2018)

Key Insight: Attorney’s fees for unduly burdensome third party subpoenas are compensated

Nature of Case: Trusts and estates

Electronic Data Involved: Emails

Keywords: third party, subpoena, attorney’s fees, reimbursement, cost shifting

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Cen Com, Inc. v. Numerex Corp. (W.D. Wash., 2018)

Key Insight: relevance of search terms, proportionality

Nature of Case: breach of contract, trade secrets

Keywords: sanctions, motion to compel, search terms, third-party subpoenas, personal capacity, proportionality, attorney’s fees, current version, pending motion for protective order

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