Key Insight: The attorney-client privilege for legal invoices is implicitly waived when those invoices are the primary form of direct evidence for the lawsuit. Nature of Case: recovery of attorney costs incurred in prior suit Electronic Data Involved: legal invoices Keywords: legal invoices, implicit waiver Identified State Rule(s): ORS 40.225(2) Identified Federal Rule(s): FRCP 41(a)(1) […]
Key Insight: Whether compelling the defendant to enter his cell phone password would violate his privilege against self incrimination under 5th Amendment and art. 12 of Mass Declaration of Rights Nature of Case: Trafficking a person for sexual servitude Electronic Data Involved: data held on cell phone Keywords: Cell phone password, 5th Amendment Identified State […]
Key Insight: Waiver of privilege for documents inadvertently posted to publicly accessible Box.com location Nature of Case: insurance coverage litigation Electronic Data Involved: Box.com uploads Keywords: Box.com, privilege waiver, publicly accessible, account permissions, file sharing Identified State Rule(s): Va. Sup. Ct. R. 4.1(b)(6)(ii) Identified Federal Rule(s): FRE 502(b)
Key Insight: A rule 45 motion to quash subpoenas on electronic subpoenas for electronic identities of anonymous users uses the 2themart.com test and are very fact specific Nature of Case: Defamation Electronic Data Involved: User account information Keywords: Murder, twitter, first amendment, motion to quash, subpoena, defamation
Key Insight: A responding party is best suited to determine the method of review and using TAR to pre-cull documents from review is an acceptable methodology Nature of Case: Hiring discrimination Electronic Data Involved: Emails Keywords: Chicago, fire department, technology assisted review, TAR View Case Opinion