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Ride the Lightning: Electronic Evidence

An electronic evidence and computer forensics blog by noted author, lecturer and consultant Sharon Nelson.

Post Frequency: 1.7/day

Last Entry: November 04, 2020 at 10:00:00

Craig Ball's EDna Challege: Has it Been Met?

Posted on March 04, 2010
Our friend Craig Ball created quite a stir with his EDna challenge, involving an old school chum with a small case who wanted to conduct an in-house EDD review. Craig challenged a number of experts to come up with a...

The Rebellious Millennial Employees: We Love the Evidence They Provide

Posted on March 02, 2010
So you have a policy against social networking on work computers? Who cares? Probably not your Millennial generation employees. 45% of them use social networking at work whether or not their employers have imposed policy restraints. Of course, you can...

Sedona's Attempt to Put a Brake on Lawyer ESI Brawls

Posted on February 26, 2010
Lawyers are a pugnacious breed. Cooperation is contrary to the nature of most lawyers. They prefer to be engaged in fisticuffs. They sling a lot of mud and curse like Marines. As an expert, I've sat in on phone conferences...

Court Warns Lawyers to Scrub Metadata Before PDF Conversion

Posted on February 25, 2010
Hat tip to friend and colleague Carl Roberts who sent along the following e-mail from the U.S. District Court for the Western District of Pennsylvania. "It has come to the attention of the Court that Metadata (AKA Hidden Data) within...

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Engage the Jury: Presenting Electronic and Computer Forensics Evidence at Trial

Posted on February 23, 2010
The title of this post is also the title of an excellent article in Wisconsin Lawyer by noted litigator Bruce Olson. Along with John and I, Bruce is the co-author of The Electronic Evidence Handbook: Forms, Checklists and Guidelines (ABA...

U.S. Law Firm Network Penetrated by the Chinese?

Posted on February 19, 2010
It's not often I say "Wow" when reading a security report. But it happened recently when I read a report from Mandiant, a well known computer security firm. The report (you have to register to download it) has an excellent...

Was the Photo of JFK's Assassin Faked?

Posted on February 16, 2010
Conspiracy theorists have long held that this famous photo of Lee Harvey Oswald, President Kennedy's assassin, was faked. If that were true, the implications would be profound. Not only did the photo show Oswald with two weapons, he is also...

Where Have All the Jury Trials Gone?

Posted on February 11, 2010
As EDD folks know, computer forensics experts rarely go to trial. We were closely questioned by a paralegal about the CVs of our testifying experts and why they didn't show more trial trial testimony. We had to explain that, for...

Computer Forensics and E-mail List Marketing: What Do You Do?

Posted on February 08, 2010
Recently, I've been giving serious thought to purchasing e-mail lists of attorneys for marketing. I hate reinventing the wheel, so I thought I'd ask my colleagues what they do, Most of the readers of this blog are in EDD companies,...

Yet Again, Drunk Driver Gets Jail Time After Drunken Facebook Post

Posted on February 02, 2010
Ashley Sullivan, 17, was drunk the night she crashed her car into a brick pillar. Her 20 year old boyfriend was killed in the crash. A month later, she went to Florida and posted a photo on her Facebook page...

Court Rules Racy Voicemails, Viagra in Truck and Overnight Stay = Adultery

Posted on January 28, 2010
We don't see voicemails in evidence all that often, but Virginia offered a nice salacious opinion incorporating them recently. In Davis v. Davis, the Circuit Court of Madison County found on January 26, 2010, that the combination of explicit voicemails,...

From the Mailbag: The Use of Videos

Posted on January 26, 2010
I had several responses to my last post about Sensei's use of videos. Rob Rost, from Banner Health, wrote me about his company's use of video to highlight HIPAA security: Banner Health has recently adopted Youtube.com to promote its business...

EDD Companies Let Out Their Inner Steven Spielberg on YouTube

Posted on January 21, 2010
The first EDD company video I remember seeing was one by Rob Robinson when he was working for Orange Legal Technologies. It was a little goofy, but fun, and I had to delight in Rob's passion for pushing the edge...

Duplicate Consolidation: Ethics and E-Discovery Review

Posted on January 19, 2010
Hat tip to Joe Howie for passing along an excellent article which he co-authored with Patrick Oot and Anne Kershaw. The article appears in the January/February 2010 edition of the ACC Docket (the Journal of the Association of Corporate Counsel)....

Craig Ball and the EDna Challenge

Posted on January 14, 2010
Craig Ball's mind is an exciting but sometimes unnerving place - one of the things he most enjoys is coming up with a challenging e-discovery hypothetical and then confounding some of the lumaries of EDD with his fact scenario. He...

Lunch and a Tour With the King of Search, Jason Baron

Posted on January 12, 2010
It was a great pleasure last week to have lunch with our friend and colleague, Jason Baron, who has often been dubbed "The King of Search." For those who may not know Jason, he is the Director of Litigation at...

Spoliation: How to Get Your Case Dismissed

Posted on January 07, 2010
First, a hat tip to Jason Shinn whose "Defending the Digital Workplace" blog recently carried an interesting post on Gillett v. Michigan Farm Bureau, Michigan Ct. App., No. 286076 (Dec. 22, 2009). Though the case really sets no precedent, it...

TWO MORE LAW SCHOOLS ADOPT ESI WORKSHOPS

Posted on January 05, 2010
In December, I blogged about the partnership between Merrill Corp. and the University of Alabama's law school creating an ESI course. I also lamented the general absence of such practical courses in law schools. So I was delighted to hear...

EDD in 2010: Through a Glass, Darkly

Posted on December 31, 2009
Before I talk about next year, I first want to offer overdue congratulations to our friend Craig Ball, who was recently named LTN's Consultant of the Year. Over the years, we've made many friends in the EDD world but some...

Facebook Creates Team to Manage Requests for Info in Criminal Cases

Posted on December 29, 2009
Recently, Facebook spokesman Andrew Noyes said that the company has created a team led by a former FBI employee to manage requests for information in criminal cases. According to Noyes, a big part of the job is explaining the applicable...

Merrill Corp. Partners with University of Alabama on ESI Course

Posted on December 22, 2009
After being snowed in for three days, going to work sounds just fine. We had nearly two feet of snow which prompted us to buy a snow thrower online. This should ensure that the Washington D.C. region has no measurable...

ABA Journal to Feature Article on iPhone Security

Posted on December 18, 2009
How do we know? We were interviewed yesterday for this story - clearly our recent posts on this subject have attracted some attention. Predictably, there were iPhone adherents who didn't want to hear about the documented problems with the iPhone's...

Register for ABA TECHSHOW, March 25-27, 2010

Posted on December 16, 2009
We hope you can join us at ABA Techshow on March 25-27, 2010! The grid of educational tracks has now been posted. There is a full day of electronic dicovery on the 26th - John will be presenting a session...

iPhone Security (Insecurity) Redux

Posted on December 14, 2009
The last post about the iPhone caused such a stir (I was astonished that the ABA Journal picked it up) that our Inboxes have been full of questions and comments. I asked John to try to address the issues raised...

E-discovery Trends: Fulbright & Jaworski's 6th Annual Survey

Posted on December 09, 2009
Yes, I'm late. The report was issued in October and it is now December. But as John Lennon famously noted, "life is what happens while you are busy making other plans." I am pleased to say that we have given...

Law Firm Bans iPhone Due to Security Risks

Posted on December 07, 2009
One of the most controversial Ride the Lightning posts was "iPhone Security? A Complete Misnomer." We were so intrigued by the ensuing dialogue that we expanded the post into an article for the American Bar Association's Law Practice Magazine which...

Saving E-Discovery Money with Hit by Term Reports

Posted on December 04, 2009
Yesterday, I had the pleasure of lecturing for the Pennsylvania Bar Institute in Pittsburgh. One of the other faculty members was Dave Cohen from K&L Gates. I thought I'd pass along a bit of Dave's session, which I found fascinating....

FBI Warns of Spear Phishing in Law Firms

Posted on December 02, 2009
On November 17th, the FBI posted a warning about spear phishing in law firms. This caught the attention of Alan Cooper, a highly regarded reporter for Virginia Lawyers Weekly. Alan called to interview me about the subject and, by the...

Same Bat Time, Same Bat Channel: Rob Robinson Moves to Applied Discovery

Posted on November 30, 2009
It is with great pleasure that I note that my friend Rob Robinson is taking his formidable social networking and Web 2.0 marketing talents to Applied Discovery. If you want to keep abreast of the dizzying EDD world, Rob is...

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