Statute
Stored Communications Act
207 published works
Inside Class Actions
Gemini Tracking Allegations Fall Short of Article III Standing
By Vivian Wen, Matthew Verdin, Kathryn Cahoy
In a recent decision challenging Google’s Gemini AI features, a California federal court held that allegations concerning an AI tool’s capabilities, without facts showing actual access or use of plaintiffs’…
ComplexDiscovery
The eight-hour clock starts today: EU e-evidence orders now land on covered U.S. providers’ EU addressees
By Rob Robinson
Editor’s Note: Starting today, where national arrangements are in place, judicial authorities in any of 26 EU member states can compel a covered service provider in another participating member state…
Ogletree Deakins Insights
Think Before You Click: Employers Could Violate Federal Law by Reading Employee Emails
By By Michael L. Matula, Alexandra G. Widick
The federal Stored Communications Act (SCA) protects the privacy of personal emails and social media accounts that employees may access with company-owned devices. It provides for both civil and potentially…
Global Policy Watch
Federal Court Invalidates Prospective Blanket NDO
By Jim Garland, Megan Crowley, Diana Lee
Last month, the D.C. Circuit in In re: Sealed Case, 2025 WL 2013687 (D.C. Cir. July 18, 2025) invalidated a non-disclosure order (“NDO”) that applied to prospectively issued subpoenas, holding…
Inside Privacy
Federal Court Invalidates Prospective Blanket NDO
By Jim Garland, Megan Crowley, Diana Lee
Last month, the D.C. Circuit in In re: Sealed Case, 2025 WL 2013687 (D.C. Cir. July 18, 2025) invalidated a non-disclosure order (“NDO”) that applied to prospectively issued subpoenas, holding…
Percipient
What Is Content Under the Stored Communications Act (SCA)? A Guide for Subpoenas & Data Requests
For businesses responding to subpoenas and data requests, a crucial legal distinction is important to understand: what is “content” data versus “non-content” data under the Stored Communications Act (SCA)? Absent…
Percipient
What is the Stored Communications Act? Understanding the SCA & Subpoena Compliance
The digital age long ago transformed how businesses operate and store information. From hosting information on cloud-based or internal servers, electronic data is the lifeblood of modern business. But with…
eDiscovery Bytes
Episode 167: Requesting Cloud Data from Third Parties? Here’s What Every Litigator Needs to Know About the SCA
In Episode 167, Kelly Twigger discusses when and how a party can navigate the Stored Communications Act to seek data from a third party cloud provider via subpoena in Sihler…
eDiscovery Bytes
Episode 166: Proceed with Caution When Your Search Term Hits are a Multiple of What You Actually Produce
In Episode 166, Kelly Twigger discusses the importance of identifying and resolving discovery disputes in advance of the discovery cutoff as well as the court’s novel approach to allowing the…
Paul W. Mollica Federal Courts Blog
Lawsuit to Unseal Court Records Fails Because No Defendant Was Named, Holds Eighth Circuit
In Reporters Committee for Freedom of the Press v. United States of America, No. 22-3326 (8th Cir. Mar. 1, 2024), the Eighth Circuit affirms dismissal of an action for lack…