Who Breached: Groupon or It’s Merchants?

Discount eCommerce site Groupon threatens to sue small business merchants. According to a report at VentureBeat.com, some businesses that participate as Groupon merchants are not getting paid by Groupon. This cash flow problem is driving merchants to notify the company they will not honor Groupon-coupons until they’re paid.

Groupon is threatening legal action against the merchants if they suspend providing services to Groupon users as agreed. A classic contract case, but who’s truly in breach?  AND — is there a digital smoking gun? Were orders to slow down or holding back payments transmitted via email, chats, text or other digital means?  Have there been internal discussions around responding to merchant complaints about slow payment?

Read More Here:
http://venturebeat.com/2012/08/20/groupon-is-threatening-small-merchants-with-lawsuits/

Did diligent email forensics investigation help Samsung to mitigate spoliation? In an intellectual property case that pits Apple against Samsung. We won’t get into the IP details in this space…but rather the issue of digital spoliation.  Last month, Apple won a motion for adverse inference jury instruction because Samsung failed to properly preserve email discovery evidence.  And as of this writing, Samsung won a copy-cat motion, claiming Apple failed to preserve relevant emails. So now, the jury will not hear that both Apple and Samsung may have destroyed email evidence.

Read More Here: http://www.macobserver.com/tmo/article/judge_to_tell_jury_that_both_apple_samsung_destroyed_evidence/

From The SANS Institute: The Sixth U.S. Circuit Court of Appeals has ruled that law enforcement officials do not need to obtain a probable-cause warrant to track suspect using the GPS coordinates on a cell phone. Defense was seeking to overturn the conviction, arguing that the use of GPS location data to track suspect’s whereabouts violated his Fourth Amendment rights. One of the judges wrote in the opinion that the defendant “did not have a reasonable expectation of privacy in the data given off by his” disposable cellphone.

Significant information can be gleaned from a mobile device. Many mobile devices store the names and locations of WiFi access points the phone has “seen.” That information can be used to correlate location.  And many mobile devices capture every key tap, even wrong numbers or search terms entered, but not completed. This type of data, put in context can bring important facts to civil and criminal cases.

Read More Here:
http://www.wired.com/threatlevel/2012/08/warrantless-gps-phone-tracking/
DISCLOSURE: Ira Victor of HabeasHardDrive is on the SANS Institute Advisory Board.

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