Category Archives: Newsletter

Judge Sanctions Both Sides After Data Exposure by NonLawyers

· by | in Breach Liability, Cloud, Cybercrime, Evidence Gathering, Newsletter, Preservation, Process and Policies | tagged , , , | Leave a comment

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.

Whistleblower in George Zimmerman prosecution highlights digital evidence challenges

· by | in Chain of Custody, Evidence Gathering, Mobile Device Forensics, Newsletter, Social Media, Spoliation | tagged , , , , | Leave a comment

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?

· by | in Bank Fraud Litigation, Breach Liability, Evidence Gathering, Mobile Device Forensics, Newsletter, Social Media | tagged , , , , | Leave a comment

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 […]

Lawyers may need to opt out of LinkedIn; FTC ruling on breached companies; Warning from FBI to protect attorney reputation

· by | in Breach Liability, Newsletter, Social Media | 1 Comment

In this issue of Habeas Hard Drive:  Item: A lawyer has opted out of LinkedIn because LinkedIn appears to know a little too much about the laywer’s practice.  Feature Story: FTC now coming down on companies that breach customer data. (Yes, it was an inadvertent breach!)  Item from the FBI: So you retire after years of stellar service as an attorney. Suddenly “you” (your stolen […]

Who Breached: Groupon or It’s Merchants?

· by | in Mobile Device Forensics, Newsletter, Spoliation | tagged , , , | Leave a comment

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 […]

Appeals Court Calls Bank’s Security ‘Commercially Unreasonable’

· by | in Bank Fraud Litigation, Newsletter | tagged , , | Leave a comment

– Civil Ruling on Cyber Attack Reversed:Appeals Court Calls Bank’s Security ‘Commercially Unreasonable’ (From The Bankinfosecurity.com): “A federal appeals court has reversed a lower court’s ruling in the ACH/wire fraud dispute between PATCO Construction Inc. and the former Ocean Bank, now People’s United. In a decision issued July 3, the First Circuit Court of Appeals […]