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Records Management Program <[log in to unmask]>
Subject:
From:
Chris Flynn <[log in to unmask]>
Date:
Fri, 26 Sep 2014 08:25:23 -0600
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Records Management Program <[log in to unmask]>
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Brown v. Tellermate: Cloud-Based Data And E-Discovery

Tellermate (and its attorneys) objected to the production of information
held in the salesforce.com database stating that, "Tellermate does not
possess or control data maintained in the salesforce.com database... [and]
information inputted by the Browns 'resides with salesforce.com' and that
it was 'salesforce.com's ESI.'" *Id.* at *5. Despite this objection, the
evidence demonstrated that not only did Tellermate employees have access to
the information input into salesforce.com, but that the agreement between
Tellermate and salesforce.com obligated salesforce.com to make its system
available at all times and that salesforce.com acquired "no right
<http://www.mondaq.com/unitedstates/x/339938/disclosure+electronic+discovery+privilege/Brown+v+Tellermate+Cloudbased+Data+And+EDiscovery#>,
title or interest...in or to [a user's] Data." In its response to the
objections of Tellermate and its attorneys, the court held that not only
did the ESI maintained on the salesforce.com database belong to Tellermate

http://www.mondaq.com/unitedstates/x/339938/disclosure+electronic+discovery+privilege/Brown+v+Tellermate+Cloudbased+Data+And+EDiscovery

Chris Flynn

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