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Electronic Discovery & Evidence

A daily digest of cases, comments and other matters relating to electronic discovery and electronic evidence.

Post Frequency: 2.5/day

Last Entry: September 10, 2009 at 13:08:03

3rd Party's Deletion of Computer Files Referred to US Attorney for Possible Criminal Contempt

Posted on September 10, 2009
Penalties for the spoliation of ESI in a civil case has just taken on a new dimension with the recent...

Defendant?s Loss of Electronic Information Was Sanctionable Due to Information Management Practices

Posted on August 02, 2009
Phillip M. Adams & Assocs. v. V., No. 05-64, 2009 U.S. Dist. LEXIS 26964 (N.D. Utah Mar. 30, 2009). In...

The Stunning Impact of E-Discovery on IT

Posted on July 10, 2009
The Stunning Impact of E-Discovery on IT. "Since more than 95 percent of all information is electronic and it's estimated...

"Read my lips, Dell is in contempt."

Posted on June 28, 2009
"Dell held in contempt in New Orleans camera case. An Orleans Parish judge has held Dell in contempt of court...

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E-mails Can Jeopardize Your Job

Posted on June 28, 2009
E-mails Can Jeopardize Your Job. " If ever there was a reminder to be cautious with e-mails, it came this...

Electronic Discovery Vendors and Service Providers

Posted on June 23, 2009
LawExchange (www.elawexchange.com) provides complimentary access to over 160 electonic discovery vendors and service providers.

Electronic Discovery State Legal Cases and Procedural Rules

Posted on June 23, 2009
eLawExchange (www.elawexchange.com) provides complimentary access to state electonic discovery cases and procedural rules.

Back Off Metadata Ethics Complaint, Judge Tells Lawyer Suing Sexploits Blogger.

Posted on June 17, 2009
Back Off Metadata Ethics Complaint, Judge Tells Lawyer Suing Sexploits Blogger. "A lawyer who claims he was the paramour identified...

Judge Rules Dorm Room Search for Evidence of Prank Email Illegal.

Posted on May 25, 2009
Judge Rules Dorm Room Search for Evidence of Prank Email Illegal. "Boston, MA - infoZine - A justice of the...

Court Strikes Down GPS Tracking Without Warrant

Posted on May 12, 2009
"Court Strikes Down GPS Tracking Without Warrant. Jonathan LippmanNathaniel Brooks for The New York Times Chief Judge Jonathan Lippman wrote...

Fax Server Hacked Results in $175,000 Fine

Posted on May 01, 2009
"FINRA Fines Centaurus Financial $175,000 for Failure to Protect Confidential Customer Information Washington, D.C. ? The Financial Industry Regulatory Authority...

EDiscovery Goes Wordwide.

Posted on March 29, 2009
"Vast Spy System Loots Computers in 103 Countries. TORONTO ? A vast electronic spying operation has infiltrated computers and has...

Publisher's Promotional Offer - eDiscovery and Evidence Review

Posted on March 29, 2009
Law Partner Publishing announces the release of the new ARKFELD'S eDISCOVERY and EVIDENCE REVIEW by the well-known author, speaker and...

ARKFELD?S eDISCOVERY and EVIDENCE REVIEW: FOCUSED MONOGRAPHS AND RECENT CASES

Posted on March 26, 2009
PHOENIX, AZ (March 25, 2009) ? Law Partner Publishing announces the release of the new Arkfeld?s eDiscovery and Evidence Review...

Unredacting Redaction

Posted on February 13, 2009
The AP Reveals Details of Facebook/ConnectU Settlement With Greatest Hack Ever. "This is almost too good to be true. The...

Metadata is Being Used in Warrentless Wiretapping Program

Posted on January 24, 2009
NSA whistleblower says journos were targeted. "As the credits roll on the Bush administration, a former NSA analyst who helped...

Companies Still Not Ready for EDiscovery

Posted on December 11, 2008
New Poll Reveals Litigation Discovery Gap. "Two years after new federal e-discovery rules, 30 percent of companies have no policies...

You?re Leaving a Digital Trail. What About Privacy?

Posted on December 01, 2008
You?re Leaving a Digital Trail. What About Privacy? "HARRISON BROWN, an 18-year-old freshman majoring in mathematics at M.I.T., didn?t need...

Dallas County's proposed e-mail deletion policy draws concerns

Posted on November 30, 2008
Dallas County's proposed e-mail deletion policy draws concerns. "Dallas County's proposed policy of automatically deleting all county e-mail after 90...

New Release: Arkfeld?s Best Practices Guide for Litigation Readiness and Hold

Posted on October 06, 2008
New Release: Arkfeld?s Best Practices Guide for Litigation Readiness and Hold provides strategic guidance and recommendations to legal professionals in...

IT And Legal Make A Great Team. Yeah, Right.

Posted on October 01, 2008
IT And Legal Make A Great Team. Yeah, Right. "While technological challenges abound in e-discovery, IT's biggest hurdle may be...

Beatty wants text message evidence suppressed

Posted on September 24, 2008
Beatty wants text message evidence suppressed. "The first battle has begun in the war Christine Beatty's lawyers are expected to...

Congress Passes New Evidence Rule 502

Posted on September 17, 2008
Congress Passes New Evidence Rule 502. "The Administrative Office of the U.S. Courts announced that: "[o]n September 8, 2008, the...

Vendor Files for Bankruptcy - What Happens to Your Data?

Posted on September 15, 2008
Boise law support company files bankruptcy. "A Boise litigation support company that was sued last year by the federal Equal...

Lawmaker Allegedly Deletes E-Mail at His Attorney's Direction

Posted on September 09, 2008
"Fumo to argue he deleted files at ex-attorney Sprague's instruction. State Sen. Vince Fumo will argue that he was simply...

The big data dump. A deluge of electronic information may overwhelm American civil justice

Posted on September 05, 2008
"The big data dump. A deluge of electronic information may overwhelm American civil justice. DAWN BEYE?S teenage daughter suffers from...

Court Rules Kazaa User Destroyed Evidence By Scrubbing Hard Drive.

Posted on September 03, 2008
"Court Rules Kazaa User Destroyed Evidence By Scrubbing Hard Drive. In the final twist of a closely watched case, a...

AT&T Spys on American's Internet Usage

Posted on August 16, 2008
EFF and Feds Battle Over Dormant Spy Lawsuit as Immunity Battle Awaits. The Bush Administration and civil liberties groups are...

Business and the Duty to Manage Electronic Records

Posted on August 12, 2008
E-Discovery: The Long Arm Of The Law. "Businesses that invest in procedures to manage and discover their electronic data will...

How to carjack a top Google exec -- according to Google

Posted on August 05, 2008
How to carjack a top Google exec -- according to Google. "August 4, 2008 (Computerworld Australia) The National Legal and...

Electronic Evidence Wins Family of Hazing Victim $4.2 M News

Posted on August 03, 2008
Evidence Wins Family of Hazing Victim $4.2 M News. "The morning after Phanta "Jack" Phoummarath died from alcohol poisoning his...

Under Pressure, ISP Admits Secret Web Snooping in Kansas

Posted on July 26, 2008
Under Pressure, ISP Admits Secret Web Snooping in Kansas. "Internet service provider Embarq eavesdropped on the web surfing habits of...

Court Applies Civil EDiscovery Rules to Criminal Case

Posted on July 21, 2008
In a case that did not receive a lot of publicity the Court in United States v. O'Keefe, 537 F....

Special Announcement - Arkfeld's eLawExchange.com

Posted on July 10, 2008
We are excited to launch our new web site Arkfeld's eLawExchange.com (www.elawexchange.com) and its many free resources for the eLaw...

What is Electronic Discovery?

Posted on July 02, 2008
Electronic discovery has been described as the ?disclosure or discovery of electronically stored information, including the form or forms in...

Dendants Fail to Discharge "Meet and Confer" Obligations - Protective Order Denied

Posted on June 30, 2008
Mikron Indus. v. Hurd Windows & Doors, Inc., 2008 U.S. Dist. LEXIS 35166 (W.D. Wash. Apr. 21, 2008). "This matter...

Just Released! Arkfeld's Best Practices Guide for ESI Pretrial Discovery-Strategy and Tactics (2008-2009)

Posted on April 26, 2008
This Guide contains strategy and tactics for handling sixteen specific ESI issues throughout pretrial discovery. Whether it is a "meet...

Motion against Fort Worth judge withdrawn after racist e-mail proven fake

Posted on April 26, 2008
Motion against Fort Worth judge withdrawn after racist e-mail proven fake. DALLAS -- After everyone in the courtroom heard the...

Metadata in a Lawyer's Documents

Posted on April 10, 2008
Duty to Notify? "Dealing with metadata is a reality of practicing law in today?s legal environment. Attorneys continually create and...

EFF Sues DoJ for Stonewalling on Google Hire

Posted on March 01, 2008
Click here for the full story. "There may be no reason for concern that the woman who served as the...

Workers Fired for Internet and E-mail Abuse

Posted on February 29, 2008
2007 Electronic Monitoring & Surveillance Survey: Over Half of All Employers Combined Fire Workers for E-Mail & Internet Abuse. "NEW...

E-Discovery Ensures Evidence Can't Hide

Posted on February 21, 2008
E-Discovery Ensures Evidence Can't Hide. "If you think you can hide evidence in the deep recesses of your computer system,...

Europe's Data Protection Day

Posted on January 28, 2008
DATA PROTECTION DAY - 28 JANUARY - An initiative of the Council of Europe with the support of the European...

E-discovery Product Purchase Considerations

Posted on January 21, 2008
E-discovery product purchase considerations. "As data volumes grow, it's increasingly difficult to locate relevant data. Data must be retained longer,...

E-Discovery Law Firm and Vendor Lawsuit

Posted on January 18, 2008
How a White Shoe Law Firm Disputes a Bill. "Electronic discovery, the phrase that refers to the mountains of electronic...

Don't Forget the Text Messages

Posted on January 14, 2008
Text messages are shortcut for investigators in teacher-student cases. "Private text messages between lustful school teachers and their student paramours...

Discovery of Employee-Owned Computer Equipment

Posted on January 02, 2008
Discovery of Employee-Owned Computer Equipment. "Whether they are large or small, businesses struggle with the question of whether discovery requests...

RFID poised for the big time in 2008

Posted on December 25, 2007
Greater integration between mobile devices and consumer electronics. "Next year will witness the spread of RFID applications into familiar, everyday...

TorrentSpy Loses Case Due to Destruction of Evidence

Posted on December 22, 2007
TorrentSpy Loses Case Due to Destruction of Evidence. "Electronic Discovery or eDiscovery in just a few short years has become...

NEWLY REVISED FEDERAL RULES OF CIVIL PROCEDURE, EFFECTIVE DECEMBER 1ST, 2007

Posted on December 19, 2007
Arkfeld's Electronic Discovery and Evidence Alert, December 17, 2007 WHAT ARE THE EFFECTS OF THE NEWLY REVISED FEDERAL RULES OF...

US firms in the dark over data retention.

Posted on December 19, 2007
US firms in the dark over data retention. Half of companies have no data retention policy. "A year after the...

E-Discovery of Drug Prescriptions

Posted on November 14, 2007
"PHARMACY SOFTWARE VENDORS DECLARE SUPPORT FOR E-PRESCRIBING. Thirteen of the leading pharmacy software companies in the U.S. declared their support...

E-Discovery Law a Boon for Lawyers.

Posted on October 22, 2007
E-Discovery Law a Boon for Lawyers. "New regulations governing the storage and management of electronic data that might be needed...

The New E-Discovery Financial Burden - The New Rules in Action

Posted on October 21, 2007
The new e-discovery burden. Rather than streamline and limit litigation, a rule change adds a new financial burden, Internet attorney...

Retrieving Electronic Evidence in the Courtroom.

Posted on October 21, 2007
Complex cases often depend on electronic evidence organizers. "Deborah Burk showed how effective litigation support technology can be in a...

Used Smartphones and PDAs for Sale on eBay Reveal Massive Volume of Sensitive Data

Posted on February 16, 2007
Used Smartphones and PDAs for Sale on eBay Reveal Massive Volume of Sensitive Data. " Used smartphones and PDAs for...

NASD accuses Morgan Stanley of lying about losing emails

Posted on December 22, 2006
NASD accuses Morgan Stanley of lying about losing emails."The National Association of Securities Dealers (NASD) has accused investment house Morgan...

IT Unready for New Rules on Electronic Evidence

Posted on November 28, 2006
IT Unready for New Rules on Electronic Evidence. "As Dec. 1 deadline looms, survey finds some ignorant of new requirements....

Perspective: Clock is ticking on e-discovery

Posted on October 26, 2006
Perspective: Clock is ticking on e-discovery "Dec. 1 is almost here, a significant date in the legal world when amendments...

Laptop Hall Of Shame

Posted on September 08, 2006
Laptop Hall Of Shame. "When the history of personal privacy is written--and there are persons who monitor this sort of...

Taking Corporate Spying to the Next Level.

Posted on September 07, 2006
Taking Corporate Spying to the Next Level. "Hewlett-Packard Chairwoman Patricia Dunn decided earlier this year she had to put a...

GPS devices offer peace of mind, but at what price?

Posted on September 05, 2006
GPS devices offer peace of mind, but at what price? "When Robbie Corey, 17, discovered the small GPS tracking device...

Electronic Discovery and Evidence Treatise Review

Posted on September 01, 2006
"I have sat through maybe 7 or 8 seminars on "E-Discovery" and they remind me of the info-mercials you see...

N.J. High Court Jumps EDD Rules Train

Posted on August 16, 2006
N.J. High Court Jumps EDD Rules Train. "For years, judges and counsel have had to stretch the meaning of court...

eDiscovery rules deadline moves up in some states.

Posted on August 14, 2006
eDiscovery rules deadline moves up in some states. They may already be instituted in some states. " New rules governing...