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.

Lessons after losing: Judge denies sanctions for destruction of hard drive

Electronic discovery can be a minefield. But this case reminds us the basics always apply. The basics include meeting the burden of proof, and following the Court’s instructions. Click 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?

Evidence source: Dropbox attack victims may be employees who ignored their company’s policies

Cyberattacks against Dropbox are proliferating. Just as litigators have been forced into familiarity with social media as a source of evidence, they will also get to know Dropbox.

As Dropbox and similar file-sharing services are more widely adopted, and as their contents escalate in value – intellectual property and human resources data come to mind – they will be a growing source of leaked information and cyberattacks. Examining security policy, and its enforcement around file-sharing products, will be a key task for litigators, as will discovering which employees have complied and which have not. Click headline to read more.

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.

Road-testing a lame defense for information breach: “It was a very sophisticated attack.”

They said it in the news coverage, and in recent congressional hearings. Retail executives used the same phrase as they explained why cyber thieves were able to breach their networks. “It was a very sophisticated attack,” according to top executives at Target, Neiman Marcus, and other companies who find themselves in the spotlight. Google the […]