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 […]

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.

SCOTUS cell phone decision has application to civil eDiscovery

The so-called “internet of things” will produce exponentially more information related to every human life, and more incursions into personal privacy. What is the limit on eDiscovery when your mattress is equipped to send a signal to the coffee pot and the thermostat as soon as it detects that you’ve stirred in the morning?

Robots at work and on the road: A rich source of eDiscovery

Liabilities from human employees may pale in comparison to those presented by a workforce comprised of robots. The popular media are obsessed with robots, and their expected impact on employment. But only a few reports have explored legal liability. Habeas Hard Drive looks one step further, at the impact of robots on evidence preservation and discovery. Click on the headline above to read more.

eDiscovery Twist: Las Vegas RICO trial spotlights important distinction between Yahoo Mail and Gmail

Employees of the world’s two largest free email providers recently testified back-to-back at a Federal trial in Las Vegas, about their respective policies for email archiving. Google and Yahoo each sent a witness to authenticate disks containing email evidence in a trial that produced the first-ever RICO conviction for an online conspiracy to trade stolen […]

Whistleblower in George Zimmerman prosecution highlights digital evidence challenges

The George Zimmerman trial was rich in spectacle, but amidst the dialog about race and guns, there was a digital evidence drama that got lost. Florida State Attorney Angela Corey fired her IT director after he testified during a pre-trial hearing that her discovery report omitted evidence he had recovered from Trayvon Martin’s cell phone. […]

Forensically Incorrect! O.J. Simpson and the Palace Station Audio Tapes

Should O.J. Simpson be granted a new trial? Habeas Hard Drive is happy to leave the legal commentary to the lawyers.  But can we talk about those “tapes” for a moment? The man who set up the appointment between O.J. and the sports memorabilia dealers in a guest room at the Palace Station secretly recorded […]