Foreigners can be protected by the Electronic Communications Privacy Act (ECPA). The parts of the ECPA that prevent ISP’s from revealing electronic communications apply to foreigners when their emails are stored on a domestic server, the Ninth Circuit has ruled.
In Suzlon Energy v. Microsoft, the plaintiff had directed a subpoena to Microsoft seeking the substance of emails between a citizen of India with respect to fraud litigation in Australia. Microsoft did not comply with the subpoena, taking the position that to do so would violate the ECPA. The federal trial court agreed and quashed the subpoena.
Continue reading “Foreigners’ Email On Domestic Servers Protected, Ninth Circuit Rules”
While it may surprise some, the answer to that question is YES. As a result of the expanding volume of electronic data that must be produced in litigation, e-discovery costs have been one of the biggest concerns of both clients and lawyers for some time. Now, clients and lawyers alike have reason to stress about the costs even more. Recently, a federal court in the Western District of Pennsylvania held that the two prevailing defendants may recover e-discovery costs because such costs are the modern-day equivalent of duplication costs. While the judge took care to limit the ruling to the “unique” facts associated with this case, it has not stopped lawyers from speculating about what other cases might similarly fall within the purview of this ruling.
Continue reading “The Changing Face of Litigation – Can the Loser Be Charged With the Other Party’s E-Discovery Costs?”