Thursday, January 15, 2026

Microsoft v. Superior Court (Cal. Ct. App. - Jan. 14, 2026)

I'm conflicted on who I would have wanted to win in this one. All I know is that there are definitely big names involved.

It's technically Microsoft -- a big name, for sure -- versus the Superior Court. But the real party in interest in the City of Los Angeles, another big name. The LAPD (no small organization itself) gets a warrant to search the electronic data of an alleged rape suspect. But that electronic data is held by USC -- no small fish either -- since the alleged suspect is a graduate student there. The warrant tells Microsoft that it's not allowed to tell even USC that the data is being searched, even though USC is a "friendly" entity and may itself have reason to investigate the alleged assault.

So Microsoft objects to the nondisclosure order, and when it loses in the trial court, brings an appeal.

The LAPD is represented by the City Attorney. Microsoft is represented by Davis Wright Tremaine, a First Amendment powerhouse. They sign up two amici to submit briefs, represented by Orrick, Herrington & Sutcliffe on the one hand and Perkins Coie on the other -- no slouches in their own right.

In the end, Los Angeles wins, and the NDO is upheld, in an opinion by Justice Tamzarian.

An important case, with important people on both sides.