The Presumption of Innocence Podcast: Episode 3 - The Science of Modern Digital Forensics
Cell phone and laptop searches do happen but they are relatively rare. Although the Fourth Amendment right to be free of unreasonable searches and seizures is drastically reduced at a port of entry, as are expectations of...more
EEOC v. Formel D USA, Inc., 2024 WL 4172527 (E.D. Mich. Sept. 12, 2024), addressed several interesting issues. Among them were: general principles of discovery; the role of counsel in self-collection; discovery on discovery;...more
For eDiscovery and digital forensics experts, there are some frequently occurring actions we’ve seen that can hamper our ability to perform thorough and effective forensics investigations. This blog is designed to give a...more
[Editor’s Note: This article was first published November 15, 2023 and EDRM is grateful to Tom Paskowitz and Robert Keeling of our Trusted Partner, Sidley, for permission to republish. The opinions and positions are those of...more
It’s not a heat wave, it’s a wave of hot eDiscovery case law disputes! Our August 2023 monthly webinar of cases covered by the eDiscovery Today blog discusses six disputes including a motion to compel a forensic examination...more
In State v. McDonnell, __ Md. __, 2023 WL 4393297, at *1 (July 7, 2023), the Supreme Court of Maryland held that a person who had consented to seizure of his laptop, as well as to creation of a mirror image, could withdraw...more
The much-anticipated Security Assessment Measures for Outbound Data Transfers (hereinafter referred to as "the Measures") of China has already come into effect on September 1, 2022, and on the eve of the effective date, the...more
The Ontario government has recently passed new legislation, Bill 88: Working for Workers Act, 2022, which includes amendments to the Employment Standards Act, 2000 (ESA), and the Occupational Health and Safety Act, as well as...more
Cell phones, tablets, laptops… your digital fingerprint can be more extensive than you realize. Dive deep into computer forensics as Lacey Walker, Jr., President of the Computer Forensics Practice LLC, and Matthew Adams,...more
On April 30, 2021, the Luxembourg Economic and Social Council (Conseil économique et social, “CES”) issued an opinion on the right to disconnect. In its opinion, the CES recommended that a new provision, L. 312-9, entitled...more
The transition to working remotely during the last year brought about a shift in the use of a variety of videoconferencing technology and remote work applications that connect employees like Zoom, WebEx, Cisco, Slack and...more
This is the second in a series of blog posts on how to make eDiscovery in investigations as effective and painless as possible. Last time we looked at some of the key decisions that need to be made on how to collect data...more
The most intimate information can be found in the data on our cellphones and laptops, from geo-location data to search history. The level of privacy protections afforded to electronic data and communications have been unclear...more
We all have them. Old computers sitting around in storage, never to be used again. Broken servers that have passed their prime. Laptops abandoned for their newer, shinier versions. And what do you do with them? If these...more
A New Lawsuit Against Trump’s Section 230 Executive Order Argues It Chills Speech about Voting - "The suit accuses the president of using the order to retaliate against Twitter, infringing on the public's right to receive...more
Report on Medicare Compliance 29, no. 28 (August 3, 2020) - The 2017 theft of an unencrypted laptop is at the heart of a new HIPAA settlement with Lifespan Health System Affiliated Covered Entity (Lifespan ACE) in Rhode...more
As eDiscovery professionals, we all understand the use of digital technology, from laptops to smartphones to apps. As the use of all manner of devices continues to increase exponentially, their important role in litigation...more
The Small Business Administration (SBA) issued a class waiver of the non-manufacturer rule (NMR) on March 9, 2020. Effective April 8, 2020, it waives the NMR for commercially available off-the-shelf (COTS) laptop and tablet...more
Following adoption of the law on the preinstallation of Russian software on electronic devices in December 2019, the Russian Federal Antimonopoly Service (FAS) has developed draft guidelines to determine the types of...more
Report on Patient Privacy 20, no. 1 (January 2020) - ? A cybersecurity breach temporarily halted cancer radiation treatment services at the Cancer Center of Hawaii on Oahu,[1] the center said. The center, which provides...more
Report on Research Compliance 17, no. 1 (January 2020) - Ah, those pesky residents. If you’re a teaching hospital, you can’t live without them, right? But sometimes living with them is mighty costly, as the University of...more
Right to repair laws have come in and out of the public eye over the last decade. While many of the earliest laws covered only specific industries, such as the automotive and farm equipment industries, many states are looking...more
This week, the Office for Civil Rights (“OCR”) announced a $3,000,000 HIPAA settlement arising from a medical center’s loss of an unencrypted laptop and flash drive. This is simply the latest of many HIPAA settlements based...more
Top Tidjane Thiam ally Pierre-Olivier Bouee, Credit Suisse’s COO, has resigned in the wake of an internal probe finding that he “ordered the surveillance of the bank’s former wealth-management chief, Iqbal Khan, without...more
Prorogate this, Boris. In an “unprecedented” ruling, the UK’s supreme court deemed the Prime Minister’s Brexit-driven suspension of Parliament “unlawful, void and of no effect” this morning and called on the body to reconvene...more