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Expert Analysis

How Courts Are Treating Cellphone Privacy In Discovery

By Matthew Hamilton, Donna Fisher and Sandra Adams ( March 8, 2019, 4:16 PM EST) -- Cellphones are an essential part of our daily lives, and our frequent usage has produced large amounts of personal data. It is unavoidable that some of this data — be it email, text message or even GPS location data — may be relevant to litigation. In many instances, however, data on a cellphone is not relevant to any litigation and may be private and confidential. Accordingly, parties often resist discovery of cellphone data on the basis that it is overbroad and intrusive. . . .

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