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.). Outreach and Education Records Management cloud storage policy

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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. education games serious games

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

eDiscovery Daily

On October 29, 2018, defendant’s counsel sent an email to plaintiffs’ counsel instructing them about plaintiffs’ obligation to preserve data on all electronic media and lectured plaintiffs about their duty to preserve evidence in a subsequent email. In Mafille v. Kaiser-Francis Oil Co.,

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

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.”

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

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

eDiscovery Daily

As Craig explains: “Though all electronically stored information is inherently electronically searchable, computers don’t structure or search all ESI in the same way; so, we must process ESI to normalize it to achieve uniformity for indexing and search.”.

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

eDiscovery Daily

Craig Ball once made a great point in responding to a post of mine about educating lawyers when he said “ We not only need to persuade lawyers to take the plunge, we need to insure there’s a pool for them to jump into. Do they go to a community night course on computers?

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 ). Electronic Discovery Ethics

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

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.

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! Electronic Discovery Security

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.

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). Electronic Discovery Mobile DevicesSo many topics, so little time (again).

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

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.

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. In Crosmun v.

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. Case Law Electronic Discovery Preservation SanctionsIn Shamrock-Shamrock, Inc. Remark, No. 5D18-1987 (Fla.

Court Declines to Order Plaintiff to Produce Cell Phone in Employment Discrimination Case: 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. In Santana v.

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. Electronic Discovery Industry TrendsIt’s Valentine’s Day!

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.

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.

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. Because legal education still has its own old paradigm. Electronic Discovery Ethics

Court Sanctions Plaintiff for Spoliation of Facebook Account: 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.

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.

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. Electronic Discovery Industry Trends

IoT 58

Tuesday’s Relativity Fest 2019 Sessions: eDiscovery Trends

eDiscovery Daily

Speakers Include: David Horrigan – Discovery Counsel and Legal Education Director, Relativity; Greg Buckles – eDiscovery Research Consultant, The eDJ Group Inc.; Speakers Include: David Horrigan – Discovery Counsel and Legal Education Director, Relativity; Hon.

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. Electronic Discovery Production

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?) Electronic Discovery Production RedactionSome weeks there is so much to cover in eDiscovery that it’s difficult to get to everything. This is one of those weeks.

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(!)

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. Blockchain Electronic Discovery Project Management

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., Electronic Discovery Industry Trends Mobile DevicesAs I’ve been saying for a while now and will be discussing with Tom O’Connor in our webcast on April 24, discovery isn’t just for litigation anymore.

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.

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

eDiscovery Daily

One of the plaintiff’s alleged harassers left the company a mere two days after that, but his computer was wiped within 7 days of his last day at work. Noting that the “failure to preserve electronic evidence is covered by Fed.R.Civ.P. In Franklin v. Howard Brown Health Ctr.,

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. In Crosmun v.

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

eDiscovery Daily

Computer” and “Nanjing Electric.”. “I Computer to be incorporated into a product that was then sold to consumers. computer sued Nanjing Electric for breach of contract.”. Electronic Discovery International eDiscovery

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)”. Case Law Electronic Discovery Preservation SanctionsIn Stovall v.

Despite Protective Order, Court Orders Plaintiff to Produce Source Code and Log File Printouts: 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. In Opternative, Inc.

Court Denies Plaintiff’s Request to Avoid Forensic Imaging of Devices in Apple Performance Case: 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.

Even with Bad Communication and Unfulfilled Discovery Obligations, Sanctions Still Not Granted: eDiscovery Case Law

eDiscovery Daily

It was also charged that the relators intentionally deleted computer files concerning these conversations and threw away the computer on which the files were stored, thereby precluding examination of the relevant metadata. Case Law Electronic Discovery Production Sanctions