Turnover Order Cannot Trump Prohibition on Disclosure of ESI by Email Service Provider [Delaware Business Court Insider]

Mark Felger, co-chair of Cozen O’Connor’s Bankruptcy, Insolvency & Restructuring Practice Group, and Barry Klayman, a member of the firm’s Bankruptcy, Insolvency & Restructuring Practice Group, discuss a recent Delaware bankruptcy court decision regarding the federal Stored Communications Act in The Delaware Business Court Insider. In In re Irish Bank Resolution, Bankruptcy Judge Christopher S. Sontchi found that the Stored Communications Act prevented the court from ordering an email service provider to turn over the contents of electronic communications without the consent of the account owner. Mark and Barry note that this case raises “significant legal issues regarding privacy in the electronic era” and, despite the fact that the case was decided in the context of a bankruptcy matter, “the holding is applicable to civil litigation generally.”

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Mark E. Felger

Co-Chair, Bankruptcy, Insolvency & Restructuring

mfelger@cozen.com

(302) 295-2087

Barry M. Klayman

Member

bklayman@cozen.com

(302) 295-2035


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