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Posted on April 23rd, 2018 by ilsteam

In U.S. v. Microsoft Corporation, No. 17-2 (U.S. April 2018), the Supreme Court of the United States granted certiorari to decide whether a United States-based provider of e-mail services must disclose electronic communications within its control to the government when the provider stores the communications abroad. In December 2013, federal law enforcement agents applied to …

Posted on March 16th, 2018 by ilsteam

The Supreme Court heard oral arguments in United States v. Microsoft Corporation, No. 14-2985 (2nd Cir. July 14, 2016), a case that could have wide-ranging effects on email privacy. The justices are expected to issue a June 2018 ruling on whether the Stored Communications Act (“SCA”) allows the U.S. government to access emails stored overseas. …

Posted on March 12th, 2018 by ilsteam

In Forman v. Henkin, No.1, (N.Y. Feb. 13, 2018), Kelly Forman (“Plaintiff”) injured herself when she fell from a horse owned by Mark Forman (“Defendant”).  Defendant wanted access to Plaintiff’s entire Facebook account, saying the photographs and written postings would be material and necessary to his defense.  Plaintiff failed to comply. Defendant moved to compel. …

Posted on January 29th, 2018 by ilsteam

Facebook, Inc. v. Superior Court, No. D072171, 15 Cal. App. 5th 729 (2017) relates to a criminal case where the defendants in a gang-related drive-by shooting case subpoenaed the Facebook, Twitter, and Instagram posts of a murder victim and a witness. The social media companies moved to quash the subpoenas, objecting under the federal Stored Communications …

Posted on January 2nd, 2018 by ilsteam

In Law Offices of Herssein and Herssein, P.A. v. United Servs. Auto. Ass’n, No. 3D17-1421 (Fla. 3d DCA Aug. 23, 2017) the Herssein Firm (“Herssein”) sued its former client, United Services Automobile Association (“USAA”), for breach of contract and fraud. Herssein accused one of USAA’s executives of witness tampering. USAA hired Israel Reyes (“Reyes”), an …