Courts Differ on Compelling Access to Smartphones

Clashing court decisions within the 9th Circuit will muddy the water when police are demanding access to smarphones, and all personal electronic devices. Two separate decisions place smartphone users at the mercy of two separate standards, based only on the configuration and capabilities of their device.

Cybercrime Causes Medical Chaos, Increases Fatal Events in Hospitals

A significant number of poor (and catastrophic) medical outcomes may have their roots in breached electronic medical systems. Besides immediate jeopardy for the patient when doctors and nurses can’t pull up medical records, there are downstream detrimental effects that might not occur to you.

The Return of Habeas Hard Drive: Drone Liability

“What if a delivery drone falls on your head?” asks the Los Angeles Times, in a piece that contemplates the liabilities associated with using drones to transport merchandise from warehouse to the customer’s doorstep. While the drone is at the center of the incident, it is a single spoke connected to a hub of transportation logistics. Liability will be difficult to sort out.

Judge Sanctions Both Sides After Data Exposure by NonLawyers

Maybe you heard about an insurance case in which sides both sides got sanctioned over inadvertent exposure of confidential information by a nonlawyer associate. This story illustrates how electronically stored information (ESI) can get away from you, and has some suggestions for protecting privileged data. Click headline for full story.

Bungled Electronic Evidence

Los Angeles County prosecutors were berated by a judge earlier this month, and were forced to watch key defendants in a public corruption case stroll into the sunset with a slap on the wrist, after they bungled electronic evidence management. The office now has a black eye arising from mishandling email. The Los Angeles Times […]

BlackBerry saga holds lessons for litigators: How to mismanage technical evidence, and then present it badly in court

A new book, “Losing the Signal: The Untold Story Behind the Extraordinary Rise and Spectacular Fall of BlackBerry,” offers a clear lesson in how not to present technical evidence in court. Click the headline to read more.

Data breach lawsuits get easier while electronic medical records create questionable evidence

If they’re pounded with data breach lawsuits, maybe the business world will start taking security seriously. But the health care sector will have legal jeopardy for a long time. Electronic medical records are in chaos. This produces questionable evidence. Click headline to read more.

What to do for a client who discovers child porn on his computer (and he didn’t put it there)

Child porn is the most frightening of contraband. The law-abiding person who discovers it on his computer is a witness to a crime, but he is also in possession, albeit passively. The law will view him as a criminal suspect. The attorney must be able to guide the process, acknowledging this jeopardy. Click the headline to read more.