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.

Disclaimer: The views represented herein are exclusively the views of the authors and speakers themselves, and do not necessarily represent the views held by my employer, my partners or my clients. eDiscovery Today is made available solely for educational purposes to provide general information about general eDiscovery principles and not to provide specific legal advice applicable to any particular circumstance. eDiscovery Today should not be used as a substitute for competent legal advice from a lawyer you have retained and who has agreed to represent you.