Judge Sanctions Both Sides After Data Exposure by NonLawyers

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.

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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 […]

BlackBerry saga holds lessons for litigators: How to mismanage technical evidence, and then present it badly in court

A new book, “Losing the Signal: The Untold Story Behind the Extraordinary Rise and Spectacular Fall of BlackBerry,” offers a clear lesson in how not to present technical evidence in court. Click the headline to read more.

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.

Porn lawsuit intended to send Facebook a message: Be responsive to privacy violations

Habeas Hard Drive’s own experience bears out the claim that damsels-in-distress have a very tough time making Facebook care about revenge porn. It’s agonizing for the humiliated party, who needs help from the social media site to positively identify the harasser or to remove the offending material, or both. The weeks turn into months with no action from Facebook.