Pennsylvania Supreme Court Rules that Forcing Provision of Computer Password Violates the Fifth Amendment: eDiscovery Case Law

eDiscovery Daily

At Appellant’s apartment, after the agents discovered a single computer, an HP Envy 700 desktop, which was encrypted with TrueCrypt, Appellant informed the agents that he lived alone, that he was the sole user of the computer, and that only he knew the password to his computer.

“We’re all mad here”: Google Team Drives

The Schedule

Annoyed, my eye twitching a little, I closed my computer and went home for the evening. see NARA’s Universal Electronic Records Management Requirements for inspiration.). Although I work in a public higher education system, we all have experienced similar challenges and concerns in our work. Outreach and Education Records Management cloud storage policyAlice’s Abenteuer im Wunderland / Public Domain. Would you tell me, please, which way I ought to go from here?”

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With No Showing of Prejudice, Court Denies Spoliation Sanctions Against Defendant: eDiscovery Case Law

eDiscovery Daily

McCarthy, finding that the plaintiffs “have not demonstrated they have been prejudiced” by the loss of the plaintiff former employee’s work computer, denied the plaintiffs’ motion for sanctions “without prejudice to reassertion of the motion if through discovery it is determined that some specific evidence is beyond Plaintiffs’ reach” for the defendant’s “clear failure” to preserve the computer. Case Law Electronic Discovery Preservation SanctionsIn Mafille v.

Capture the Flag events and eSports

Adam Shostack

Capture the Flag Events (CTFs) and electronic Sports (eSports) are good examples of a relatively new trend. My conclusion is that CTFs are intrinsically an eSport with the attribute of having a strong educational value. They also share the fact that the action is done in front of a computer screen. In a sense, CTF challenges are like a bunch of mini educational games. education games serious games

Court Denies Criminal Defendant’s Motion to Suppress Evidence Obtained via Warrantless Search: eDiscovery Case Law

eDiscovery Daily

The defendant was also subject to the Oregon National Guard’s acceptable use policy and Employees of the Oregon National Guard, including the defendant, were required to sign the policy before they received computer access. Case Law Electronic Discovery Email Privacy

Friday the 13th is Unlucky for the City of New Orleans. Almost. Maybe.: Cybersecurity Trends

eDiscovery Daily

” As a precautionary measure, the NOLA tweet confirmed, the city’s IT department gave the order for all employees to power down computers and disconnect from Wi-Fi. Electronic Discovery Security

URLs Aren’t Archives ¯_(?)_/¯, and Other Stories

The Schedule

The Electronic Code of Federal Regulations defines vital records as the essential agency records that are needed to meet operational responsibilities under national security emergencies or other emergency conditions (emergency operating records) or to protect the legal and financial rights of the Government and those affected by Government activities (legal and financial rights records). Outreach and Education Uncategorized journalism

Web Teleconferencing Solutions Experiencing Challenges During COVID-19 Crisis: eDiscovery Logistics

eDiscovery Daily

CloudNine uses RingCentral (which is built on Zoom) and I have noticed a couple of issues dialing into meetings this week, but was able to circumvent them by using computer audio instead. Electronic Discovery Industry Trends

Despite Estimate of 37 Years to Crack iPhone, Government Doesn’t Have to Return it – Yet: eDiscovery Case Law

eDiscovery Daily

2019, a search warrant over a year earlier was issued for Morgan Management, LLC, which included search and seizure of “multiple servers, computers or storage media … including but not limited to … devices … associated with … Robert Morgan.”

Today is the Day to “Master” Your Knowledge of eDiscovery in Washington DC for 2018: eDiscovery Trends

eDiscovery Daily

It’s almost two days of educational sessions covering a wide range of topics! This year’s Washington DC event includes nearly two days of educational sessions covers topics ranging from privacy to cybersecurity to social media to cloud computing. I will be moderating a panel of eDiscovery experts that includes Mike Quartararo , Founder and Managing director of eDPM Advisory Services and author of the 2016 book Project Management in Electronic Discovery; Robert D.

Court Orders Defendants to Produce Laptop for Forensic Examination – Again: eDiscovery Case Law

eDiscovery Daily

Kutsomarkos provided pdf versions of documents from the laptop…However, the pdf files scrubbed the metadata from the documents and that metadata should be available on the hard drives…Also, the computer in Garrett was a personal computer, but here the computer was Ms.

Why Process in eDiscovery? Isn’t it “Review Ready”?: eDiscovery Best Practices

eDiscovery Daily

Craig, who introduced the new primer in his latest blog post – the 200th of his excellent Ball in Your Court blog – asked the questions posed in the title of this post in the beginning of that primer (after the Introduction) and confronts a myth that many attorneys believe with regard to electronic files and how easily(and quickly) they can be made ready for production. Electronic Discovery ProcessingAs I’ll point out in tomorrow’s blog post (spoiler alert!),

Twenty-One Points, Less Than 350 Words: eDiscovery Best Practices

eDiscovery Daily

As Craig notes in the latest blog post on his terrific Ball in Your Court blog ( Electronic Storage in a Nutshell ), he finished the E-Discovery Workbook for the 2019 Georgetown E-Discovery Training Academy (which we covered here ). In between are concepts about things like storage media, how computers store data, how file types and file formats are identified, different types of metadata, what happens to files when they’re deleted and how they can be recovered, and so forth.

The Sedona Conference Has an Updated Commentary on Rule 45 Subpoenas to Non-Parties: eDiscovery Best Practices

eDiscovery Daily

Last week, The Sedona Conference® (TSC) and its Working Group 1 on Electronic Document Retention & Production (WG1) announced the publication of the Public Comment Version of The Sedona Conference Commentary on Rule 45 Subpoenas to Non-Parties, Second Edition.

What’s a Lawyer’s Duty When a Data Breach Occurs within the Law Firm: Cybersecurity Best Practices

eDiscovery Daily

Right inside the door, you see a handwritten notice on a big whiteboard which says: All network services are down, DO NOT turn on your computers! Finding this odd, you turn to your firm receptionist who tells you that the firm was hit with a ransomware attack overnight, and that if you turn on your computer all of your files will be immediately encrypted, subject to a bitcoin ransom.”. Electronic Discovery Security

Simon Says – Once, Twice, Three Times a Spoliator: eDiscovery Case Law

eDiscovery Daily

He also saved a copy of his ScholarChip email account on his personal computer. He also saved electronic copies of several webinars with the plaintiff’s clients to his personal computer, which he took with him and kept after he left ScholarChip’s employment. Judge Simon summed up the spoliation, as follows: “The Private Client List, the ScholarChip emails, and the webinar recordings are all electronically stored information.

Court Declines to Order Plaintiff to Produce Cell Phone in Employment Discrimination Case: eDiscovery Case Law

eDiscovery Daily

34(a):[8], which stated (in part): “Inspection or testing of certain types of electronically stored information or of a responding party’s electronic information system may raise issues of confidentiality or privacy… Courts should guard against undue intrusiveness resulting from inspecting or testing such systems.”. Case Law Electronic Discovery Mobile Devices ProductionIn Santana v. MKA2 Enterprises, Inc., 18-2094-DDC-TJJ (D. 8, 2019) , Magistrate Judge Teresa J.

My Love for What I Do: eDiscovery Love Story

eDiscovery Daily

I once wrote an article about CAR systems back in the mid-80s – Computer Assisted (microfilm) Retrieval (good luck finding that article today) – and it seemed like the wave of the future back then. Used by legal and business customers worldwide including more than 50 of the top 250 Am Law firms and many of the world’s leading corporations, CloudNine’s eDiscovery automation software and services help customers gain insight and intelligence on electronic data.

Will Lawyers Ever Embrace Technology?: eDiscovery Best Practices, Part Three

eDiscovery Daily

To begin to answer that question, let’s take a look at the ethical obligation that lawyers have to be technically competent and the state of technology education for lawyers today. Education. Browning Marean and I spent years trying to begin a law school curriculum that included computer education with no success. Because legal education still has its own old paradigm. Electronic Discovery Ethics

Florida Appeals Court Upholds Ruling that Non-Party Had No Duty to Preserve Evidence: eDiscovery Case Law

eDiscovery Daily

The Appellee’s deposition was taken in April 2012, where she testified that she had obtained a new desktop computer and had destroyed her old computer in December 2011. She did not preserve any records, documents, or emails from her old computer and did not inform anybody, including the City Attorney, that she was destroying it. Case Law Electronic Discovery Preservation SanctionsIn Shamrock-Shamrock, Inc. Remark, No. 5D18-1987 (Fla.

Craig Ball is “That Guy” Who Keeps Us Up to Date on Mobile eDiscovery Trends: eDiscovery Best Practices

eDiscovery Daily

As a result, “examiners may revive the tried-and-true cloning of evidence to clean devices then collecting from the restored device” (just like they once did with computer drives). Whether it’s informing us of simpler, less expensive ways of preserving iPhone and Android data, or keeping us updated as Apple announces it’s doing away with iTunes , or educating us on geolocation data , or providing us an easy to understand Mobile Evidence Burden and Relevance Scorecard.

“Master” Your Knowledge of eDiscovery With This Conference in Washington DC Again This Year: eDiscovery Trends

eDiscovery Daily

It’s almost two days of educational sessions covering a wide range of topics! This year’s Washington DC event includes nearly two days of educational sessions covers topics ranging from privacy to cybersecurity to social media to cloud computing. The cost to attend can be as low as $250 for nearly two days of terrific educational content. Electronic Discovery Industry Trends Information GovernanceIt’s October!

When Litigation Hits, The First 7 to 10 Days is Critical: eDiscovery Throwback Thursdays

eDiscovery Daily

When a case is filed (or even before, if litigation is anticipated then), several activities must be completed within a short period of time (often as soon as the first seven to ten days after filing) to enable you to assess the scope of the case, where the key electronically stored information (ESI) is located and whether to proceed with the case or attempt to settle with opposing counsel. Collection Electronic Discovery Identification Preservation

Appellate Court Vacates Order Allowing Plaintiff’s Expert Access to Defendant’s ESI Prior to Privilege Determination: eDiscovery Case Law

eDiscovery Daily

In this claim of retaliatory dismissals from the defendant’s community college in violation of the North Carolina Whistleblower Protection Act, the plaintiffs served discovery requests on the defendants, including for ESI located in the school’s computers and servers. Case Law Electronic Discovery Privileged Production SearchingIn Crosmun v. Trustees of Fayetteville Technical Community College, No. COA18-1054 (N.C.

Court Denies Request for Production of Forensic Image: eDiscovery Case Law

eDiscovery Daily

An item in dispute was a computer used by an employee when he was working for Finos, which was in the possession of those partners at the time of the dissolution and became their property. During discovery, the plaintiff learned that the Finos computer was in the possession of those partners, who were not parties to this litigation. Apex was not given a full forensic image of the Finos computer hard drive. Case Law Electronic Discovery ProductionIn Apex Colors, Inc.

2019 eDiscovery Case Law Year in Review, Part 1

eDiscovery Daily

Pennsylvania Supreme Court Rules that Forcing Provision of Computer Password Violates the Fifth Amendment : In Commonwealth v. Case Law Electronic DiscoveryIt’s that time of year again! Time for our annual review of eDiscovery case law! This is our ninth(!)

According to the ABA, Lawyers are “Failing at Cybersecurity”: Cybersecurity Trends

eDiscovery Daily

Articles on cloud computing , cybersecurity and websites and marketing were released free online. The survey found that the most popular security measure being used by 35% of respondents was secure socket layers (SSL), which encrypt computer communications, including web traffic. Electronic Discovery Privacy Security

Court Sanctions Plaintiff for Spoliation of Facebook Account: eDiscovery Case Law

eDiscovery Daily

The plaintiff claimed that prior to the discovery request, she had lost her cell phone, after which “she tried to access [her] Facebook account using [her] home computer” but got blocked out for unsuccessful attempts to log into the account and when she got a new phone, she tried again to access her Facebook account but was unable to do so and she did not “ha[ve] access to [the] Facebook account ever again.” Case Law Electronic Discovery Preservation Sanctions Social Technology

Ignoring Internet of Things Devices Could Be IdIoTic: eDiscovery Trends

eDiscovery Daily

Further, it addresses topics including data privacy, fog computing, smart cities and more. Used by legal and business customers worldwide including more than 50 of the top 250 Am Law firms and many of the world’s leading corporations, CloudNine’s eDiscovery automation software and services help customers gain insight and intelligence on electronic data. Electronic Discovery Industry Trends

IoT 44

Judge Recommends Sanctions for Defendant Under FRCP 37(e)(1): eDiscovery Case Law

eDiscovery Daily

4, 2018) , the Illinois Magistrate Judge, stating that “the defendant has had to concede that, at the very least, it bollixed its litigation hold – and it has done so to a staggering degree and at every turn” , recommended that the plaintiff’s motion for discovery sanctions be granted to the extent that the “parties be allowed to present evidence and argument to the jury regarding the defendant’s destruction/failure to preserve electronic evidence in this case”. In Franklin v.

Announcing Eighth Annual LTNY Thought Leader Series!: eDiscovery Trends

eDiscovery Daily

E-discovery luminary and recipient of the Masters Conference Educator of the Year 2016, Mary provides ACEDS and its membership more than a decade of strong credibility and sound leadership within the e-discovery community. Mary is the author of A Process of Illumination: The Practical Guide to Electronic Discovery , considered by many to be the first popular book on e-discovery. Cheriton School of Computer Science at the University of Waterloo and principal of Maura Grossman Law.

Understanding Blockchain and its Impact on Legal Technology, Part Two

eDiscovery Daily

Much speculation centered around the name being based on a setting in the 1996 movie Rising Sun; however, it was believed the true authors were several cryptography and computer science experts of non-Japanese descent. Used by legal and business customers worldwide including more than 50 of the top 250 Am Law firms and many of the world’s leading corporations, CloudNine’s eDiscovery automation software and services help customers gain insight and intelligence on electronic data.

Craig Ball’s Wayback Machine and Look at the Mueller Report: eDiscovery Best Practices

eDiscovery Daily

My first computer programming course (does anybody remember Fortran?) Used by legal and business customers worldwide including more than 50 of the top 250 Am Law firms and many of the world’s leading corporations, CloudNine’s eDiscovery automation software and services help customers gain insight and intelligence on electronic data. Electronic Discovery Production RedactionSome weeks there is so much to cover in eDiscovery that it’s difficult to get to everything.

Cellebrite 2019 Report on Industry Trends for Law Enforcement: eDiscovery Trends

eDiscovery Daily

Computers were a distant second at 52% , followed by CCTV (i.e., Used by legal and business customers worldwide including more than 50 of the top 250 Am Law firms and many of the world’s leading corporations, CloudNine’s eDiscovery automation software and services help customers gain insight and intelligence on electronic data. Electronic Discovery Industry Trends Mobile Devices

University of Florida Brings eDiscovery Teachings to a Chinese University: eDiscovery Best Practices

eDiscovery Daily

As covered in Legaltech News® ( University of Florida Brings E-Discovery Expertise Abroad With Chinese University Partnership , written by Rhys Dipshan), the University of Florida’s Levin College of Law recently partnered with Southeast University in Nanjing, China, to launch an intensive two-week course aimed at educating local law students on U.S. Computer” and “Nanjing Electric.”. “I Computer to be incorporated into a product that was then sold to consumers.

2019 eDiscovery Case Law Year in Review, Part 3

eDiscovery Daily

Used by legal and business customers worldwide including more than 50 of the top 250 Am Law firms and many of the world’s leading corporations, CloudNine’s eDiscovery automation software and services help customers gain insight and intelligence on electronic data.

Tuesday’s Relativity Fest 2019 Sessions: eDiscovery Trends

eDiscovery Daily

Speakers Include: David Horrigan – Discovery Counsel and Legal Education Director, Relativity; Ignatius Grande – Director, Berkeley Research Group; Ines Rubio – Head of Info Management and Incident Response, BSI; Rosemary Kuperberg – Assistant General Counsel & Data Privacy Officer, Ellucian; Meribeth Banaschik – Partner / Forensics & Integrity Services, Ernst & Young GmbH. How to take advantage of electronic legal holds.

Discovery “Cautionary Tale” Leads to Recommendations of Default Judgment Against Defendants: eDiscovery Case Law

eDiscovery Daily

Used by legal and business customers worldwide including more than 50 of the top 250 Am Law firms and many of the world’s leading corporations, CloudNine’s eDiscovery automation software and services help customers gain insight and intelligence on electronic data. Case Law Electronic Discovery Preservation Production SanctionsIn Abbott Laboratories, et al. Adelphia Supply USA, et al., 15 CV 5826 (CBA) (LB) (E.D.N.Y.

No Bad Faith Means No Sanctions for Failing to Preserve Video of Altercation: eDiscovery Case Law

eDiscovery Daily

In assessing the plaintiff’s motion, Judge O’Hara noted that “the parties agreed the surveillance video is a form of electronically stored information (“ESI”) subject to the preservation requirements of Rule 37(e)”. Used by legal and business customers worldwide including more than 50 of the top 250 Am Law firms and many of the world’s leading corporations, CloudNine’s eDiscovery automation software and services help customers gain insight and intelligence on electronic data.

Does Anybody Really Know What Time It Is?: eDiscovery Throwback Thursdays

eDiscovery Daily

So, creation dates can reflect when a user or computer process created a file. Used by legal and business customers worldwide including more than 50 of the top 250 Am Law firms and many of the world’s leading corporations, CloudNine’s eDiscovery automation software and services help customers gain insight and intelligence on electronic data. Electronic Discovery Production