This update addresses the following recent court decisions involving e-discovery issues:
- A California federal court decision enforcing an SEC subpoena requiring an Internet service provider to turn over identifying information regarding the owner of an email account and rejecting the owner’s claim that such action would violate his right to free anonymous speech;
- A New York federal Magistrate Judge granting criminal defendants’ motions to compel and ordering the prosecution to produce electronically stored criminal discovery in a format suitable for searching or in native format;
- A Northern District of Illinois decision finding that the defendant waived attorney-client privilege with respect to privileged documents inadvertently posted to a production website accessible by the plaintiff; and
- A New Jersey district court decision finding spoliation of evidence and ordering defendant to briefly change his Facebook profile picture to include a prior photograph to allow plaintiff to print Facebook pages as they had existed prior to changes made by defendant.