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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 Recent Entries: 577
Go to Ride the Lightning: Electronic Evidence, find other Litigation Support blogs, or browse all law blogs.
Armies of Document Review Lawyers to be Replaced by Software?
Posted on March 07, 2011In a nutshell, yes. That's what the New York Times concluded in a recent article, and I think most experts concur. It won't happen tomorrow, but I think it will happen more quickly than peeple imagine. The cost savings are...
ABA TECHSHOW: EARLY BIRD REGISTRATION ENDS TODAY!
Posted on March 04, 2011As readers of this blog know, John and I have been fortunate enough to speak at ABA TECHSHOW for many years. We love the educational sessions at TECHSHOW and always feel that this is the most valuable conference of the...
Chinese Hackers Break into Oil Company Networks
Posted on February 22, 2011You could follow the words "Chinese hackers break into" with almost anything - government agencies, the military, corporations, law firms, etc. and you'd be right. Nonetheless, it remains disconcerting that we see these stories so often. This particular story was...
Juror Study Shows More of a "BlackBerry Effect" Than a "CSI Effect"
Posted on February 17, 2011NPR recently reported on a study done by Michigan Judge Donald Shelton, which focused on people called for jury duty. He wanted to see if the so-called CSI effect was real and increased jurors' expectations that technology can solve crimes...
Digital Detectives Podcast: Expert Witnesses in E-Discovery
Posted on February 09, 2011On our latest Digital Detectives podcast from Legal Talk Network, John and I discuss the use of expert witnesses in e-discovery. We have four testifying computer forensics expert witnesses here at Sensei, so we've had a lot of experience for...
U.K. High Court Allows Tweeting
Posted on February 08, 2011The Daily Mail online reported last week that the U.K.'s Supreme Court will allow tweeting from hearings. The court explained that its cases do not involve interaction with witnesses or jurors and there is only rarely a reason why something...
Summary of the Judge's Guide to Cost-Effective E-Discovery
Posted on February 03, 2011Joe Howie has posted a summary of the vendor-neutral Judge's Guide to Cost-Effective E-Discovery recently published by the eDiscovery Institute. Among the technologies and processes covered in the Guide are: deNISTing (i.e. not processing files known to be associated with...
Screencast Tool to Preserve Cyber Investigation Evidence
Posted on February 02, 2011Ben Wright has an interesting post on the SANS blog about using a screencast tool to preserve cyber investigation evidence. The software he uses is BB Flashback. The neat part of his video showing the tool in use is that...
Mythbuster: Yes, One Pass Wiping Will Suffice
Posted on January 26, 2011If I had a dollar for every time someone insisted that more than a single wipe is necessary to wipe a drive securely, I'd be a rich woman. The true believer will often whisper conspiratorially about the data recovery abilities...
ABA TECHSHOW: THE 25TH ANNIVERSARY!
Posted on January 20, 2011As readers know, John and I are devoted to ABA TECHSHOW, unsurprising since we've both served on the Advisory Board and since I served as Chair in 2006. TECHSHOW remains the premiere legal tech show designed by lawyers for lawyers...
Technolawyer Debuts LitigationWorld Newsletter
Posted on January 11, 2011Yesterday, Technology debuted LitigationWorld, a free weekly e-mail newsletter. The newsletter launched with about 7,500 subscribers -- mostly litigators but also corporate counsel, litigation support managers, and litigation consultants. Edited by litigator Kimberlee (Kim) Gunning of Terrell Marshall & Daudt,...
California Supreme Court OKs Warrantless Search of Arrestee's Cell Phone
Posted on January 07, 2011On January 3rd, the California Supreme Court signed off on a warrantless search of a cell phone belonging to Gregory Diaz, who had been arrested and charged with being a coconspirator in the sale of drugs. The story got a...
Yes, E-mail Snooping on a Spouse is Usually a Crime
Posted on December 29, 2010Lots of folks sent me links yesterday to a story out of Michigan where Leon Walker is facing charges of hacking under a state statute for snooping on his wife's e-mail account. Right now, the story seems to be swirling...
Ohio Judges Permitted to Have Facebook Friends
Posted on December 16, 2010The Ohio Supreme Court's Board of Commissioners on Grievances and Discipline recently published an opinion stating that judges may have Facebook friends. Judges were cautioned to use "constant vigil" and to maintain dignity in every comment, photograph or other information...
Google and Social Media Playing Havoc With Juries
Posted on December 14, 2010A recent Reuters Legal analysis of juror misconduct involving Google and social media is alarming, to say the least. Since 1999, at least 90 verdicts have been overturned or new trials granted, more than half of those in the last...
WikiLeaks: How Bad is U.S. Cybersecurity? (Bad - Really, Really Bad)
Posted on December 09, 2010Let me answer my question this way. In a cyberwar between China and the U.S., my money is on the Chinese - and that doesn't make me happy. I think we're just lucky that the Russians and their cyber-experts are...
E-Discovery Sanctions at an All Time High
Posted on December 07, 2010Hat tip to friend and colleage Dave Ries for sending this along. The eDiscovery Daily Blog recently reported that sanctions in e-discovery have reached an all time high. Not especially surprising, but it sure is time to spread the gospel....
Expert Draft Reports Now Generally Excluded Under Rule 26
Posted on December 03, 2010Effective December 1, 2010, Rule 26 of the Federal Rules of Civil Procedure has some substantial changes, notably (this is the one that most often impacts us) that draft expert reports are now excluded from discovery except in limited circumstances.....
Keeping 'Em Honest: Mobile Phone Apps and Security
Posted on December 02, 2010The crew at viaForensics is doing a good Anderson Cooper style job of "keeping 'em honest." Mobile apps are coming out so fast that our heads are spinning - and we are often quick to adopt them without vetting their...
Reed Tech Web Archiving Services Powered by Iterasi
Posted on December 01, 2010I was pleased to see yesterday that Reed Technology and Information Services, a member of the LexisNexis® Group,announced the introduction of Reed Tech Web Archiving Services powered by Iterasi (www.ReedTechWebArchiving.com). As the press release noted: "The comprehensive Web archiving service...
Ride the Lightning Named to ABA Journal's Blawg 100
Posted on November 30, 2010It's hard not to be pleased that Ride the Lightning was named as one of the ABA Journal's Blawg 100, so forgive me this unusual blowing of my own horn. I have no idea how it came about. But it...
CIOS See Smartphones as Data Breach Time Bombs
Posted on November 23, 2010Information Week reported this week on a recent study showing that 8 out of 10 CIOs think that using smartphones in the workplace increases the vulnerability to attack and rank data breaches as their #1 security concern. That statistic comes...
Dishing the Digital Dirt on Cops
Posted on November 18, 2010More than one third of police agencies now review applicants? social media activity during background checks according to the first report on agencies? social media use by the International Association of Chiefs of Police (IACP). The recent report surveyed 728...
Free Codes for iJuror and iCLE
Posted on November 17, 2010Scott Falbo, who developed the iJuror app for the iPad, was kind enough to write yesterday after listening to my latest Digital Edge: Lawyers and Technology ABA podcast with Jim Calloway: Tech Toys for the Holidays. Though I've not used...
Updated iPhone Forensics White Paper Released
Posted on November 16, 2010I was pleased to hear yesterday from friend and colleague Andrew Hoog, the Chief Investigative Officer for viaForensics. He tells me that they have updated their free iPhone forensics white paper, which covers 13 forensics tools and provides an in-depth...
Wikileaks: Inside the World's Most Secure Data Center
Posted on November 11, 2010Wikileaks, while controversial, has carved quite a niche for itself as a whistleblower, continually proving what we all know - that policians and the military sell the public fairy tales. Having provided many a dose of gritty reality, Wikileaks often...
BlackSheep Sniffs Out Firesheep, Reveals Snooping
Posted on November 10, 2010Monday's post on the new Firesheep snooping software stirred up a lot of dust - apparently its availability was not known to many. Firesheep is a Firefox extension designed to sniff out weak security and hijack web site credentials on...
Firesheep: A Wolf in Sheep's Clothing - Beware!
Posted on November 08, 2010Threats to our privacy just keep on coming . . . the latest security demon is Firesheep, released last month as an add-on available through Firefox. Here's the scenario - you're nursing your favorite latte at Starbucks and logging on...
Florida Issues New Jury Instructions: No Tweeting, Blogging, Net Research, etc.
Posted on November 04, 2010Florida Supreme Court has recently adopted new jury instructions. Note the specificity of the language below: During deliberations, jurors must communicate about the case only with one another and only when all jurors are present in the jury room. You...
FBI Makes Bust in Chilling Los Angeles Sextortion Case
Posted on November 03, 2010The FBI has just updated its site to include a story about a chilling case in Los Angeles involving the "sextortion" of over 230 young girls (and more victimes may be discovered). The 31-year-old California hacker, who was arrested in...
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Thinking About Destroying that Computer That Contains Damaging Evidence? Think Again.
We are squarely in the age of electronic discovery, and courts hav...
WANNA RIDE THE SUBWAY FOR FREE?
Did you know that Metrocards (with little or no c...
Can my employer threaten me with termination if I don't seek a transfer to another department?
In many jurisdictions, employees are "at will". This means that their employmen...
If a 16 year girl is asked to have three way sex by a 28 year women who is her manager at work is this a legal offense?
It sounds like you're describing some pretty serious examples of sexual har...
The photo was taken by a fellow employee who lives in an adjacent house. The photo was circulated throughout the company we both work for, including management. The photo allegedly shows drug activity. Management as well
The employee keeping illegal watch on you is liable for police action initiated ...
What kind of compensation should I expect for taking a bite out of a sandwich that had a used bandaid in it?
Whose Insurance Company? Not the vendor's. Don't trust the Vendor'...
How can a sexual harrasment case be dismissed even with evidence?
American law has very strict evidence requirements that are intended to insure t...

Can my employer threaten me with termination if I don't seek a transfer to another department?
In many jurisdictions, employees are "at will". This means that their employmen...
If a 16 year girl is asked to have three way sex by a 28 year women who is her manager at work is this a legal offense?
It sounds like you're describing some pretty serious examples of sexual har...
The photo was taken by a fellow employee who lives in an adjacent house. The photo was circulated throughout the company we both work for, including management. The photo allegedly shows drug activity. Management as well
The employee keeping illegal watch on you is liable for police action initiated ...
What kind of compensation should I expect for taking a bite out of a sandwich that had a used bandaid in it?
Whose Insurance Company? Not the vendor's. Don't trust the Vendor'...
How can a sexual harrasment case be dismissed even with evidence?
American law has very strict evidence requirements that are intended to insure t...








