ANALYSIS: In Discovery, Hands Off My Third-Party Device

A surprising decision out of a New Jersey state trial court in 2021 allowed the plaintiff access to the personal cell phones of employees of a third party. Although the trial court order was reversed on appeal at the start of 2023, the case serves as a good segue into a review of the federal state of practice as it pertains to third-party discovery, particularly when it comes to the production of personal devices of third-party employees.

The Decision

In February 2021, the New Jersey trial court—in a case alleging violations of New Jersey racketeering and antitrust statutes—ordered third-party ...