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.

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 […]

Questions arising when a child finds dirty pictures on Dad’s “new” refurbished smartphone

Dad wasn’t pleased, after he purchased two refurbished cell phones he believed to be new, and his son immediately found photos and videos of naked folks doing nasty things on one of the devices. Dad’s lawsuit naming Sprint “and affiliates” claims the stars of the show were store employees who sold him the phones. Sprint […]

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. […]

SEC v. Tourre: Does anyone still need to be persuaded that personal email doesn’t belong on the company network?

News Coverage of a high-profile securities fraud trial reminds us of the perils of using company email for personal communication.  Recall that former Goldman Sachs trader and defendant Fabrice Tourre is accused of civil fraud in a suit arising from the sale of certain securities that he allegedly knew were part of a hedge fund […]