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September 2011

My Space Entry Allowed As Evidence in Murder Trial

Defendant’s on-line postings about his “reckless drunkenness” come back to haunt him The Background A young woman came home on May 25, 2007 and found her 2 year old daughter unconscious. A call is placed to 911, and police arrive to find the girl limp, with a crushed jaw and multiple injuries. She was declared dead. The woman’s fiancée, Ian Clark, was babysitting for the little girl at the time. …Read More

Think Digital Forensics and Electronic Discovery is Just About Document Production and Review? Think Again

Computer User Activity Can Help Tell the Story in Many Cases A Case Study in Re-Creating a Computer User’s Actvity The Background The client was a large multi-national technology company with a billion dollar household brand. They had been recently shaken by the departure of a number of key wireless software engineers, all of whom went to work for a competing start-up. When it became obvious that three departed employees …Read More

Social Networking – Reach Out and Virtually Touch Someone

What do half of us do everyday? Log into Facebook. We are more likely to use social media (e.g., Facebook, LinkedIn, YouTube, or Wikipedia) to socialize than have a cup of coffee with a loved one. When people use social networking or social media sites, they are creating ESI (electronically stored information). This advisory will discuss the explosion of social media and how it’s being used in fact-finding endeavors. I. …Read More

Legal Holds – Examined Under the Standard of Gross Negligence?

At the beginning of 2010, six-years after Zubulake V (Legal Hold best practices case), Judge Scheindlin in Pension Comm. of Univer. of Montreal Pension Plan. Banc of Am. Secs., LLC, 2010 WL 184312 (S.D.N.Y. Jan. 15, 2010), in part addresses a party’s preservation obligations, in conjunction with spoliation; including a detailed analysis of the varying levels of culpability (e.g., negligent, grossly negligent, and willful behavior) in failing to comply with …Read More

Ex-Detroit Mayor Sentenced to Prison

Electronic Evidence Helps Prosecutors Know the Answers to Questions before they were Asked The Background You remember the story; Detroit’s former “Hip Hop” mayor, Kwame Kilpatrick was convicted of lying under oath and obstruction of justice in 2008 in a scandal involving city corruption and an alleged affair with a senior staff member. Though he had denied all wrong doing, highly inconvenient text messages were discovered, and before you knew …Read More

Think Your Case is Too Small for E-Discovery or Computer Forensics? Think Again.

Cost-Containment Tips You Can Not Afford to Ignore The Background You are working on a small case, and you have a hunch that Electronically Stored Information (ESI) could be helpful in obtaining a just, speedy, and inexpensive conclusion to the matter. But, you have a perception that computer forensics and electronic discovery is just too costly, and is not “proportional” to the value of the matter you are engaged on. …Read More

Supreme Court Agrees to Hear Text- Message Privacy Case

A Historical Application of the Fourth Amendment in our Information Age The Background The personal use of company – issued hand-held digital devices like BlackBerries and smart phones is wide-spread. Companies and government agencies understand, for the most part, that employees will use those devices for personal use to some degree. Most organizations advise their employees that they have no expectation of privacy if they use these company devices for …Read More

A Computer by Any Other Name…..

Defendants in Trade Secret Case Try to Trick Court by “Re- Naming” Their Computers Prior to Presenting Them for Computer Forensics Analysis The Background A Fortune 500 technology company filed suit against a Chinese – based competitor and a number of former employees for misappropriating “3G” wireless technology. After many months, the defendant was ordered by the Judge in Federal Court to produce three computers that were believed to contain …Read More

Cell Phone Records Help Uncover Vast Insider-Trading Ring

“I’m dead if this leaks. I really am…and my career is over. I’ll be like Martha f…..g Stewart.” –Defendant Danielle Chiesi to an unnamed alleged co-conspirator. The Background The biggest insider-trading ring in a generation is what federal authorities are calling a huge conspiracy in which hedge-fund kingpin Raj Rajaratnam appears to be at the center. The cover of last Saturday’s Wall Street Journal featured Raj doing the “Perp Walk” …Read More

Are You Ready For The Implications of Qualcomm v. Broadcom?

Electronic Discovery Issues Lead Once Again to “The Law of Unintended Consequences” Knowledge is Power. Want more knowledge? Contact Impact for a FREE on-site EDiscovery CLE on how to avoid the Qualcomm pitfalls… Visit us at www.impactforensics.com to download a CLE information sheet Background For those who thought Zubalake would have all but eliminated major E-Discovery stumbles, the Qualcomm v. Broadcom decision serves as another nightmarish reality check for litigators. …Read More