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Tag Archives: spoliation

Mobile Discovery: Outsmarting the Smartphone

Smartphones are ubiquitous Six billion smartphones will be in circulation by the year 2020. These phones and other mobile devices can leave behind an indisputable digital trail, and the electronically stored information (ESI) on them can often be relevant, unique, and discoverable. Many employees freely admit sending confidential company information with their mobile device. Is this important source of ESI part of your eDiscovery/investigative strategy? JOIN THE EXPERTS AT 4DISCOVERY FOR …Read More

School’s Failure to Preserve Snapchat Messages Can Result in Potential Spoliation Claim

Was School Counselor Deliberately Indifferent? BACKGROUND SCENARIO After weeks of receiving mean and threatening Snapchat messages from fellow students, a seventh-grader (we’ll call her Maggie) finally went to her school counselor for help. Maggie showed her counselor some of the messages on her iPhone and the counselor agreed to “look into it”. In addition, the counselor took photos of several of the bullying text messages from Maggie’s phone with her …Read More

Cyberbullying Tragedy: A School District’s Obligations for Capturing Digital Evidence

A Case Study A young student has had enough. After months of relentless and cruel cyberbullying and internet harassment, the girl, in a moment of despondency and depression, ends her life. In the unthinkably sad aftermath, parents, teachers, and loved ones wonder what could have been done to prevent this senseless nightmare. Teachers and middle school administrators are accused, in a lawsuit filed by the dead girl’s parents, of missing …Read More

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  Of those 52 charges, 23 were withdrawn, 23 were dismissed, and jurors acquitted on three counts.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

Top Ten Data Breach Preparedness Tips

One of your clients will suffer a serious data breach this year.  Use these tips to help them prepare. “the cost of battling Cybersecurity will double in the coming year”[1] Neiman Marcus, Staples, JP Morgan Chase, and now Sony.  The list of prominent companies that have suffered a major data breach continues to grow.  While it is the dramatic incident related to a well-known public company that tends to appear …Read More

Cyber Breach Response: You Will Suffer a Data Breach. Have You Selected Your Response Team?

Tips from the Trenches:  A Computer Forensics Perspective 73% of small to mid-sized companies suffered a data breach last year   Here’s an overview of the most notable data breaches from the last few weeks… Snapchat, the online photo sharing site reported a massive hack of hundreds of thousands of user names and phone numbers Facebook, Gmail, and Twitter advised 2 million users that their passwords had been compromised Retail …Read More

Monthly Breakfast Discovery

Join the experts at 4Discovery as we examine eDiscovery trends and tips over breakfast at the beautiful Union League Club.   Each month, our computer forensics and eDiscovery team will provide a brief presentation on “Tips from the Trenches” and eDiscovery trends that are important to your practice.  This month’s session focuses on Social Media eDiscovery.  Our experts will provide guidance on emerging  issues related to Social Medial eDiscovery, including …Read More

Email Evidence Revisited – Focus on Penn State Turns to Emails

Emails Continue to Provide a Rich Source of Relevant Electronic Evidence  Not notifying authorities “is a more humane” way to handle the incident – email authored by key player in the Penn State Scandal[1] The Background Over a decade ago, in the relatively early days of electronic discovery, my pioneering computer forensics colleagues and I were discussing how the explosion of email usage would forever change the litigation landscape as attorneys …Read More

Does Siri Have Loose Lips? eDiscovery Implications of Apple’s Cell Phone Voice Recognition Software

IBM lets employees use iPhones on-site, but bans the use of Siri, Apple’s new voice recognition and processing software, over privacy and data collection fears. http://www.wired.com/wiredenterprise/2012/05/ibm-bans-siri/ The Background Apple’s newest iPhone model comes packaged with groundbreaking voice recognition technology called “Siri.”  Siri operates like a virtual assistant, translating users’ spoken inquiries into digital commands and searches.  However, Siri does not operate locally on the iPhone, instead sending users’ inquiries to …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