It’s a three-post day! Again! What am I thinking? 😉 Nonetheless, join me tomorrow in the #CaseOfTheWeek event conducted by ACEDS and eDiscovery Assistant where I’ll be discussing a Court ruling on production of encrypted databases!
The event will be tomorrow, October 19th at 11:30am ET (10:30am CT, 8:30am PT) and you can watch it on LinkedIn here. The case I’ll be discussing is U.S. v. Holmes, No. 5:18-cr-00258-EJD-1 (N.D. Cal. Aug. 4, 2021), where California District Judge Edward J. Davila rules on the defendant’s motion to suppress evidence of customer complaints and testing results, as well as findings in a January 2016 report from the Centers for Medicare & Medicaid Studies (“the CMS Report”) in the criminal case of Elizabeth Holmes, former founder and CEO of Theranos.
The dispute stems over a database of patient test results (received by the Government from third party Theranos in an encrypted state and without the encryption key). We’ll discuss that aspect of the case tomorrow in terms of how it relates to eDiscovery best practices.
It’s a fun case with a lot of interesting eDiscovery implications! Join me tomorrow here! And, thanks to Kelly Twigger, eDiscovery Assistant and ACEDS for inviting me to discuss this case!
So, what do you think? What’s the best way to handle production of encrypted databases in discovery? Please share any comments you might have or if you’d like to know more about a particular topic.
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