This case acts as notice to custodians that even private information stored on your phone conducted in the course of business may be deemed responsive if produced.
In this contract case, the defendant inadvertently produced spreadsheets of text messages and iNotes from the defendant’s mobile phone without conducting a privilege review. Because of this, the defendant requested the production of spreadsheets to be returned and a new version with redactions would be submitted to the plaintiff.
The defendant reasoned that since the text message production contained irrelevant data, a clawback of irrelevant data was valid. The texts contained the following information between the defendant and…
- Company employees
- a college friend of the defendant
- a human resource professional the defendant was having a romantic relationship with
Download the PDF version of Laub v. Horbaczewski Foundation for Medical Care case law alert here.
Throughout American culture there is a heightened awareness around how digital personal data is being used. This case points out that this trend applies to e-discovery, meaning the court will conduct a balancing test to evaluate the seriousness of the invasion of privacy versus the discovery interest/value when assessing production requests.