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.
Category Archives: Preservation
“What if a delivery drone falls on your head?” asks the Los Angeles Times, in a piece that contemplates the liabilities associated with using drones to transport merchandise from warehouse to the customer’s doorstep. While the drone is at the center of the incident, it is a single spoke connected to a hub of transportation logistics. Liability will be difficult to sort out.
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.
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 […]
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.
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.
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.
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.
Habeas Hard Drive notes the passing earlier this month of Richard Braman, a Minnesota-born and trained attorney remembered as an “eDiscovery Trailblazer.” Click on the headline above to read more.
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.
Digital Crime and Litigation Briefings 