Bergeson Obtains Protective Order Quashing Subpoena To Google

Partners Jaideep Venkatesan and Sara Graves prevailed on their motion for a protective order on behalf of Parijat Deb, an employee of Lumileds Lighting Company, LLC whose documents and materials were subpoenaed by the defendants in the case Lumileds LLC v. Elec-Tech International Co., et al., Case No. 15-1-CV-278566, pending in the Superior Court for Santa Clara County. In January 2018, defendant ETI served a subpoena on Google for documents and materials contained in Dr. Deb’s personal Gmail account, which it asserted were relevant to Lumileds’ claims of trade secret misappropriation against ETI and other defendants. The Court granted Dr. Deb’s motion for a protective order and quashed the subpoena in its entirety, finding that the subpoena was “grossly overbroad” and infringed Dr. Deb’s right to privacy in his personal email account. The Court found that ETI failed to show that the requested materials were directly relevant to the claims and defenses in the lawsuit so as to overcome Dr. Deb’s substantial privacy rights. The Court accordingly granted Dr. Deb’s motion in its entirety.