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Deepwater Horizon Revisited: Computer Fraud & Abuse is One of the Few Criminal Convictions in This Case

Engineer’s Guilty Plea for Deleting Text Messages Stands Out in a Series of Not Guilty Findings In the months following the 2010 BP Deepwater Horizon oil rig disaster, 52 criminal counts were filed against 5 men that prosecutors believed were criminally responsible for the explosion and resulting deaths of 11 people.  Of those 52 charges, 23 were withdrawn, 23 were dismissed, and jurors acquitted on three counts.  Last week the …Read More

Former BP Engineer Convicted of Obstruction for Deleting Text Messages

Mobile Device Forensics Uncovers 513 Deleted Messages Related to Gulf Spill “I would have presented those to the Grand Jury”        -FBI Special Agent Kelly Bryson on the deleted text messages       The Background The grainy black and white images of the oil spewing from the fractured valve at the bottom of the Gulf of Mexico were dramatic and painful to watch.  Millions of barrels of …Read More

The Six Most Relevant Recent Mobile eDiscovery Cases

Important Mobile Device Cases 1.  Regas Cristou vs. Beatport.  (ESI on Mobile Devices is Covered by Litigation Holds) Court ruled that ESI stored on mobile devices is subject to Litigation Holds just like any other ESI.  CEO of Beatport was sanctioned for “losing” his mobile device during litigation when he was ordered (under a lit hold) to  protect all ESI. 2.  EEOC vs. Honey Baked Ham.  (Mobile Phone ESI is …Read More

Cell Phone ESI and eDiscovery – Criminal Charges for iPhone Spoliation

BP engineer criminally charged after allegedly deleting damaging text messages detailing oil spillage in the Gulf from his iPhone. The Background The Fourth Amendment prohibits unreasonable searches and seizures, and searches without a warrant are generally per se unreasonable, barring several specific exceptions.  Where a citizen possesses a legitimate expectation of privacy, the reasonableness of a government search depends on the specific facts of the case, and whether or not …Read More