Constitutional Law Electronic Discovery Privacy

Read Constitutional Law updates, alerts, news, and analysis from leading lawyers and law firms:
News & Analysis as of

E-Discovery Update: When Personal and Work Data Collide

In the modern world, employees routinely receive work-related data on personal mobile devices, such as smartphones and tablets, and access personal data on work-owned devices. ...more

Good News for Companies: Pennsylvania District Court Rules That Plaintiffs Lack Standing without Actual or Imminent Misuse of Data

“There are only two types of companies left in the United States … those that have been hacked and those that don’t know they’ve been hacked.” That is how U.S. District Judge John E. Jones III of the Middle District of...more

Finding the Needle When You Can’t Locate the Haystack – How do you narrow down the scope of e-discovery?

Joffe v. Google, No. 3:10-md-02184, currently pending in the Northern District of California, is predicted to be the biggest corporate wiretap case in history – assuming the plaintiffs have standing. ...more

Florida Appellate Court Holds There is No Right to Privacy For Information Posted On Social Media Websites Even When Privacy...

On January 7, 2015, in Nucci v. Target Corp, et al, the District Court of Appeal of the State of Florida, Fourth District upheld a lower court’s order compelling Plaintiff Maria Nucci to produce photographs originally posted...more

Second Circuit Finds Fourth Amendment Violation in Law Enforcement Retention of Computer Files Not Within Scope of Search Warrant

On June 17, 2014, the United States Court of Appeals for the Second Circuit issued a significant Fourth Amendment decision in United States v. Ganias. The decision is premised on the well-established notion that, because of...more

Massachusetts High Court Permits Compelled Decryption of Seized Digital Evidence

Today, in Commonwealth v. Gelfgatt, No. SJC-11358 (Mass. June 25, 2014), a divided Massachusetts Supreme Judicial Court held that under certain circumstances, a court may compel a criminal defendant to provide the password to...more

The Nuts And Bolts Of Social Media Discovery

I recently addressed the general implications of the Stored Communications Act on locating and retrieving electronic evidence in a Law360 article entitled “A Hurdle to Obtaining Electronic Evidence.” As explained by the Ninth...more

Vermont Issues Significant eDiscovery / Fourth Amendment Decision

In civil litigation, eDiscovery disputes hardly ever rise to the level of constitutional importance. But in the criminal arena, the rules are different....more

Changes Come to Confidentiality of Florida Court Filings

As the judicial branch transitions toward acquiring, maintaining, and distributing court records electronically, the Supreme Court of Florida has viewed the confidentiality of a narrow set of records as a...more

THERE IS NO REAL PRIVACY ON FACEBOOK AND OTHER SOCIAL NETWORKS

If you get sued in court, will your Facebook privacy settings protect you from opposing counsel’s request for electronic discovery? If that information is material and necessary for the opposition’s case and the...more

United States v. Maynard, 615 F.3d 544 (Ct. App. D.C. 2010)

Opinion of the Court, Ginsburg, Circuit Judge

This decision is the subject of the grant of certiorari by the United States Supreme Court in United States v. Jones, 10-1259. Maynard and Jones were co-defendants. All legal issues have either been resolved or abandoned...more

Jason O'Grady, Monish Bhatia, & Kasper Jade v Superior Court of the State of California, County of Santa Clara & Apple Computer, Inc. (real party in interest)

Petitioners & Non-Party Journalists Jason O'Grady, Monish Bhatia, and Kasper Jade's Reply to Apple Computer, Inc.'s Opposition

In December 2004, Apple filed a lawsuit in Santa Clara county against unnamed individuals who allegedly leaked information about new Apple products to several online news sites, including AppleInsider and PowerPage. The...more

John Doe v. 2TheMart.com, Inc.

Reply Memorandum In Support Of Motion To Quash

EFF handled this leading case with the ACLU of Washington State. In it, a federal district court in the Eastern District of Washington held that the identities of 23 participants in an Infospace chatroom were protected from...more

John Doe v. 2TheMart.com, Inc.

InfoSpace, Inc.'s Memorandum In Response To Motion Of Doe To Quash Subpoena

EFF handled this leading case with the ACLU of Washington State. In it, a federal district court in the Eastern District of Washington held that the identities of 23 participants in an Infospace chatroom were protected from...more

John Doe v. 2TheMart.com, Inc.

Defendant's Brief In Opposition To Motion Of John Doe To Proceed Under Pseudonym

EFF handled this leading case with the ACLU of Washington State. In it, a federal district court in the Eastern District of Washington held that the identities of 23 participants in an Infospace chatroom were protected from...more

John Doe v. 2TheMart.com, Inc.

Order Granting Doe's Motion To Proceed Under Pseudonym And To Quash Subpoena

EFF handled this leading case with the ACLU of Washington State. In it, a federal district court in the Eastern District of Washington held that the identities of 23 participants in an Infospace chatroom were protected from...more

John Doe v. 2TheMart.com, Inc.

Memorandum In Support Of Motion To Quash Subpoena Issued To Silicon Investor/InfoSpace, Inc.

EFF handled this leading case with the ACLU of Washington State. In it, a federal district court in the Eastern District of Washington held that the identities of 23 participants in an Infospace chatroom were protected from...more

John Doe v. 2TheMart.com, Inc.

Motion of J. Doe to Quash Subpoena Issued to Silicon Investor/InfoSpace, Inc.

EFF handled this leading case with the ACLU of Washington State. In it, a federal district court in the Eastern District of Washington held that the identities of 23 participants in an Infospace chatroom were protected from...more

18 Results
|
View per page
Page: of 1

Follow Constitutional Law Updates on:

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×