Google Docs, Google Drive and Dropbox: What To Know in Litigation About Using Cloud Storage
In his Virtual Lawyering column, Mark Berman highlights several cases to discuss how cloud storage platforms can create litigation issues for the unwary.
May 01, 2023 at 11:07 AM
5 minute read
Cloud storage platforms can create litigation issues for the unwary. Is a libelous statement made in a hyperlinked Google document that was publicly accessible and then sent again a year later in an attachment to an email, a republication or just "a delayed circulation" for statute of limitations purposes.
In 161 Ludlow Food, LLC v. L.E.S. Dwellers, Inc., (260 Misc. 3d 1221(A), 107 N.Y.S.3d 618 (Sup. Ct. N.Y. Co. 2018)), the court held that the allegedly libelous statement was just a "delayed circulation" and sustained the statute of limitations defense.
Counsel should know that access to a document stored on a google drive may require identity verification and data can be sought in discovery as highlighted in ASAPP, Inc. v. Rowbotham, (2022 N.Y. Misc. LEXIS 1066, 2022 NY Slip Op 30696(U) (Sup. Ct. N.Y. Co. Mar. 4, 2020)).
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